GESTATIONAL SURROGACY LAW ACROSS THE UNITED STATES
STATE-BY-STATE INTERACTIVE MAP FOR COMMERCIAL SURROGACY – MARRIED SAME-SEX COUPLES
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"GREEN LIGHT" STATES
Surrogacy is permitted, pre-birth orders are granted throughout the state, and both parents will be named on the birth certificate. Click on any state on the map for more detailed information.
CA, CT, DC, DE, ME, NH, NJ, NV, RI, TX, WA
Surrogacy is permitted but results may be dependent on various factors or venue; OR only a post-birth parentage order is available. In some birth states additional post-birth legal procedure may be required. Click on any state on the map for more detailed information.
AK, AL, AR, CO, FL, GA, HI, IL, KS, KY, MA, MD, MN, MO, MS, MT, NC, ND, NM, OK, OH, OR, PA, SC, SD, UT, VT, WI, WV
Note: The state where the baby is born must have a procedure to allow both parents to be named on the birth certificate without action in another state.
"YELLOW LIGHT" STATES
Proceed with caution. Surrogacy is practiced, but there are potential legal hurdles; or results may be inconsistent. Click on any state on the map for more detailed information.
IA, ID, NE, TN, VA, WY
"DARK YELLOW LIGHT" STATES
Proceed with extreme caution. Surrogacy is practiced and courts issue parentage orders, but surrogacy contracts are void and unenforceable by statute. Go the state page for more detailed information.
"RED LIGHT" STATES
STOP! Statute or published case law prohibits compensated surrogacy contracts, OR a birth certificate naming both parents cannot be obtained. Click on any state on the map for more detailed information.
LA, MI, NE, NY*
*A new statute permitting compensated gestational surrogacy will take effect 2/15/2021.