US Surrogacy Laws by State
As with many other issues, each US state has its own set of rules and regulation on the topic of surrogacy. That is why if you are interested in finding out more about gestational surrogacy, either to be Intended Parents or the Surrogate Mother, you must first learn more about what your state allows. There are several tiers:
Green- CA, CT, DC, DE, ME, NH, NV, RI, AL, AK, AR, CO, FL, GA, HI, IL, KS, KY, MA, MD, MN, MO, MT, NC, ND, NM, OH, OK, OR, PA, SC, SD, TX, UT, VT, WI, WV
These are states in which surrogacy is permitted for all parents, pre-birth orders are granted throughout the state, and both parents will be named on the birth certificate. For some specific states, surrogacy may be permitted but results may be dependent on various factors or venue. In some birth states, additional post-birth legal procedure may be required.
Yellow- AZ, IN, AK, IA, ID, MS, MT, NE, TN, VA, WY
In these states, you must proceed with caution. Surrogacy is practiced, but there are potential legal hurdles or the results may be inconsistent.
Red- LA, MI, NJ, NY, WA
Unfortunately, these states have a statute or published case law which prohibits compensated surrogacy contracts, or a birth certificate naming both parents cannot be obtained. States laws are constantly changing, though, and your individual state may be on the way to changing.
Surrogacy law, whether by statute or case law, is constantly evolving. The laws are different from state-to-state, and sometimes even from county-to-county! This is why you don’t just need a surrogacy company, you need a team of surrogacy attorneys as well. You can find this with Creative Family Connections. Creative Family Connections was founded by an attorney and established as a law firm, but we also function as a full-service surrogacy agency. We know from daily practice that the laws as written can differ dramatically from how the laws are actually practiced in a number of states. Therefore, it is critically important that you arm yourself with knowledge and obtain legal representation to navigate the legal challenges that exist. Request more information of the surrogacy laws of your state from our team and let’s get started building your family, together.