Surrogacy by States

Several states have restrictions or complexities around surrogacy that are similar to or even more restrictive than Louisiana. These states may impose limits based on the marital status, sexual orientation of the intended parents, or the type of surrogacy arrangement (gestational vs. traditional). Here’s an overview:

States with Restrictions or Challenges Similar to Louisiana

1. Michigan

• Prohibits compensated surrogacy: Michigan completely bans compensated surrogacy agreements, declaring them void and unenforceable. Violating this can result in fines or criminal penalties.
• Traditional surrogacy is also prohibited: Like Louisiana, traditional surrogacy is illegal.

2. Nebraska

• Bans compensated surrogacy: Surrogates cannot be paid beyond reasonable expenses.
• No explicit legal framework: Agreements may not be enforceable, and the lack of clear laws creates uncertainty for intended parents.

3. Arizona

• Declares surrogacy contracts void: All surrogacy agreements are unenforceable, regardless of the arrangement. This can lead to legal complications in establishing parental rights.

4. Indiana

• Surrogacy contracts unenforceable: While surrogacy itself is not banned, contracts cannot be legally enforced, creating risks for intended parents and surrogates.

5. Arkansas (Partial Restriction)

• While surrogacy is generally allowed, laws are more favorable toward heterosexual couples, and certain restrictions exist regarding unmarried or same-sex couples.

Key Themes in Restrictive States

• Traditional Surrogacy Prohibited: Many states, like Louisiana, outlaw traditional surrogacy due to the surrogate’s genetic link to the child.
• Compensation Bans: States like Michigan and Nebraska disallow compensated surrogacy.
• Limited Parentage Protections: Without enforceable contracts or clear parentage laws, establishing parental rights can become a legal challenge.

Surrogacy-Friendly States

On the other hand, states like California, Connecticut, Illinois, and New Jersey have well-established, surrogacy-friendly laws that support gestational arrangements for all types of families, including same-sex couples and single parents.

If you’re considering surrogacy, it’s crucial to consult with an attorney experienced in reproductive law to ensure you’re navigating the legal landscape safely.