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.

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

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)

These states have laws that restrict or prohibit surrogacy.

These states do not have clear laws regarding surrogacy.

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.