Summary of Egg Donation Laws by state

Surrogacy laws in the United States vary significantly by state, and these laws can change over time.

Please note that this information is current as of May 2023, but is subject to change.

Permissive History

These states have favorable surrogacy laws, often with statutes or case law that explicitly permit surrogacy arrangements.

  • California
  • Connecticut
  • Delaware
  • Maine
  • Nevada
  • New Hampshire
  • New York
  • Oregon
  • Washington, D.C.

These are the states that Surrogacy4All prefers to use, and we recommend them to Intended Parents.

Conditional States

These states allow surrogacy under certain conditions. The specific conditions vary by state.

  • Florida (preplanned adoption agreement required; intended parents must be married)
  • Texas (at least one intended parent must be genetically related to the baby; the surrogate must have previously given birth)
  • Washington (compensated surrogacy allowed if the intended parents cannot carry a pregnancy to term or it would be risky for them to do so)
  • North Dakota (only uncompensated gestational surrogacy contracts are enforceable)

Unfavorable States

These states have laws that restrict or prohibit surrogacy.

  • Michigan (all surrogacy contracts are unenforceable; payment to a surrogate is a criminal act)
  • Nebraska (surrogacy contracts are void and unenforceable)
  • Arizona (surrogacy contracts are unenforceable)

Silent or Ambiguous States

These states do not have clear laws regarding surrogacy.

  • Many states fall into this category, including but not limited to Colorado, Hawaii, Idaho, Indiana, Iowa, Kentucky, Montana, New Mexico, Oklahoma, South Carolina, West Virginia, and Wisconsin.

This is a very simplified summary and the laws in these states can have more complexities.

If you have any questions, please feel free to write to us at info@surrogacy4all.com or  call us at 1-212-661-7177.

Begin Your Journey to Having a Baby with Us and Our Affiliated Physicians at Surrogacy4All

Our job is to listen, to connect the dots between your needs and how we can best help you to have your baby.

To make an appointment with one of our counselors or physicians, please call us at (212) 661-7673, or send us an email at info@surrogacy4all.com.

We look forward to hearing from you.

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