Legal Surrogacy by State: Where Is Surrogacy Safest in the USA?

Surrogacy laws in the United States vary dramatically from one state to another. Some states offer clear, parent-friendly laws, while others restrict or prohibit compensated surrogacy altogether.
Whether you’re an intended parent or a prospective surrogate, knowing which states offer the safest and most supportive legal environment is essential.

This guide breaks down:

• States where surrogacy is fully legal and safest
  
• States with restricted or uncertain laws
  
• States where compensated surrogacy is banned
  
• Which states are best for international parents
• How to choose a legally safe surrogacy destination
  

What Makes a State “Safe” for Surrogacy?

A legally safe surrogacy state has:

Clear surrogacy laws

Written legal guidelines that define eligibility, contracts, parental rights, and compensation.

Pre-birth (or post-birth) parentage orders

Allows intended parents to be legally recognized before or shortly after birth.

No criminal penalties

Surrogates, intended parents, and agencies are legally protected.

LGBTQ+ and single-parent protections

States that welcome all family types reduce legal risk.

Stable court precedents

Consistent decisions across counties ensure predictable outcomes.

Safest & Most Surrogacy-Friendly States (2025-26)

These states have the strongest protections for intended parents and surrogates:

1. California (Best Overall)

• Gold standard for surrogacy law
  
• Pre-birth orders available to all family types
  
• Courts extremely consistent
  
• Strong protections for surrogates and parents

2. Illinois

• Gestational Surrogacy Act provides clear, detailed law
  
• Parentage established immediately at birth
  
• Very efficient for international parents
  

3. New Jersey

• Fully legalized gestational surrogacy
  
• Court-approved agreements protect both parties
  

4. Nevada

• Very clear statutes supporting all types of intended parents
  
• Fast and predictable parentage orders
  

5. Connecticut

• Pre-birth orders widely accepted
  
• Supportive for LGBTQ+ and single parents
  

6. Washington

• Surrogacy-friendly since major reforms
  
• Supports compensated agreements
  

Surrogacy-Friendly States (Good Legal Environment)

These states allow surrogacy with clear procedures but may require additional steps:

• Oregon – Consistent pre-birth orders
• Rhode Island – LGBTQ+ and international friendly
• Maine – Modern surrogacy statutes
• Delaware – Strong statutory protections
• New Hampshire – Court-friendly
• Vermont – No restrictions, supportive courts
• District of Columbia – Legal since recent reforms

States With Mixed or Uncertain Surrogacy Laws

These states allow surrogacy but with limitations:

Texas

• Legal but requires marriage for intended parents
  
• Court variations between counties
  

Florida

• Well-structured for married couples
  
• Restrictions for single and LGBTQ+ parents
  

Colorado

• No formal statute, but courts are supportive
  

Maryland

• Allowed but without strong statutory framework
  

Virginia

• Contract approval process can be lengthy
  

Hawaii, Massachusetts, Pennsylvania, Utah, Minnesota

• Generally supportive but not always consistent
  

What this means:

You can complete surrogacy here, but legal planning must be detailed and agency involvement is recommended.

States Where Compensated Surrogacy Is Restricted or Risky

These states have major legal limitations:

Georgia

• No written law; outcomes vary
  

Kansas & South Dakota

• Contracts often considered unenforceable
  

Arizona

• Traditional surrogacy contracts are void
  

Michigan (until 2024; improving but still transitioning)

• Previously had criminal penalties
  
• Currently changing laws—proceed with caution
  

States Where Compensated Surrogacy Is Prohibited

Surrogacy is illegal or severely restricted in:

• Louisiana – Only altruistic, married couples
  
• Nebraska – Compensated surrogacy banned
  
• Indiana – Contracts unenforceable
  
• Kentucky – No legal framework, inconsistent courts
  

These states are not safe for intended parents or surrogates.

Best States for International Parents

Top 5 Most Reliable for Global Clients:

1. California
   
2. Illinois
   
3. Nevada
   
4. Connecticut
   
5. Washington
   

These states offer fast birth certificates, smooth exit processes, and clear parentage orders.

Key Tips for Choosing the Safest State

Choose a state with explicit surrogacy laws

Never rely on verbal assurances or “informal” agreements.

Hire an attorney who specializes in third-party reproductive law

Each state has its own rules.

Ensure your agency handles legal coordination

This reduces risks and delays.

Avoid states with older or unclear surrogacy precedents

They can complicate parentage orders.

If you are LGBTQ+, single, or international—

Select only “green” states with full protections.

FAQs

Q. Which state is the safest for surrogacy in the USA?

Ans : California is widely considered the safest and most legally supportive state for surrogacy, followed by Illinois, Nevada, Connecticut, and Washington.

Q. Is surrogacy legal in all 50 states?

Ans : No. Some states prohibit compensated surrogacy, have unclear laws, or restrict who can participate.

Q. Can LGBTQ+ parents do surrogacy in the USA?

Ans : Yes—many states fully support LGBTQ+ intended parents, especially California, Connecticut, Washington, Illinois, and Nevada.

Q. Which states should I avoid for surrogacy?

Ans : States like Nebraska, Louisiana, and Indiana restrict or prohibit compensated surrogacy. Michigan is improving but still transitioning.

Q. What is a parentage order?

Ans : A parentage order is a court order recognizing the intended parents as the legal parents of the child. Pre-birth orders are preferred and available in the safest states.

Q. Is surrogacy safe for international parents?

Ans : Yes—states like California, Illinois, Nevada, and Washington offer smooth legal processes and reliable documentation for international families.

Final Thoughts

Surrogacy in the USA can be incredibly safe and successful—when you choose the right state. Surrogacy-friendly states like California, Illinois, Connecticut, Nevada, and Washington provide the strongest protection and the smoothest journey for both intended parents and surrogates.

If you’re considering starting your surrogacy journey in the United States, knowledge of state law is your most powerful tool.