Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors

Surrogacy-Friendly States: The 15 Best States for Intended Parents

Written by Pooja Patel, MD — MBBS (Seth G.S. Medical College & K.E.M. Hospital); Fellowship in Embryology; Manager, Surrogacy4All. Dr. Patel manages surrogate screening, matching and journey coordination at Surrogacy4All’s New York program. Medically reviewed by Rashmi Gulati, MD — Board Certified, Internal Medicine; Medical Advisor, Surrogacy4All; privileges at Mount Sinai Hospital.
Last updated 16 Sep 2026

AI Summary

The most surrogacy-friendly states have a statute or settled case law, pre-birth parentage orders, and recognition of single and same-sex parents: California, New York, Colorado, Illinois, Washington, Nevada, Connecticut, New Jersey, Delaware, Maine, New Hampshire, Rhode Island, Vermont, Oregon and DC. This page ranks them for intended parents by legal certainty, surrogate supply and cost. Surrogacy4All is a New York State-licensed (GSP220903), physician-led surrogacy agency operating since 2006, with programs from $120,000 and clinics in New York, Toronto and Accra.

Fact

FactValue
What makes a state surrogacy-friendlyStatute or settled case law; pre-birth parentage orders; both parents named regardless of marital status, orientation or genetic link
Which law appliesThe surrogate’s state, where the contract is performed and the birth occurs
Restrictive statesLouisiana and Nebraska restrict compensated surrogacy; Arizona and Indiana declare contracts void by statute though orders are granted in practice
ReviewedEach January; ‘Last reviewed’ date shown
License / registrationGSP220903; FDA FEI 3021544308
Program costFrom $120,000; totals $120,500–$180000

How we rank the states

Three criteria, in order. Legal certainty: a statute (best) or consistent appellate case law, with pre-birth orders available to married and unmarried, heterosexual and same-sex, genetic and non-genetic intended parents. Surrogate supply: how many screened surrogates live there, which sets match time. Cost: compensation levels, insurance markets and legal fees. A state that scores well on the first two and poorly on the third is still a good choice; a state that scores well on cost and poorly on law is not.
Illustration for the section it sits in, described literally

The 15 most surrogacy-friendly states

# State Legal basis Pre-birth order Notes for intended parents
1 California Statute (Family Code §§7960–7962) Yes, all intended parents Largest surrogate supply; highest cost
2 New York Statute (Child-Parent Security Act, 2021) Yes Only state licensing surrogacy programs; surrogate must reside in NY for NY orders; Surrogates’ Bill of Rights
3 Illinois Statute (Gestational Surrogacy Act) Yes, administrative Genetic link from one parent required under the Act
4 Colorado Statute (2021) Yes Balanced cost and supply
5 Washington Statute (UPA 2017, effective 2019) Yes Compensated surrogacy permitted since 2019
6 Nevada Statute Yes Strong for unmarried and same-sex parents
7 Connecticut Statute (2022) and case law Yes Both parents on the original birth certificate
8 New Jersey Statute (Gestational Carrier Agreement Act) Yes Close to New York; NJ surrogates for NY parents
9 Delaware Statute Yes Small supply
10 Maine Statute (Maine Parentage Act) Yes —
11 New Hampshire Statute Yes —
12 Rhode Island Statute (2020) Yes —
13 Vermont Statute (Parentage Act) Yes —
14 Oregon Case law and practice Yes Consistent practice; no statute
15 District of Columbia Statute (2017) Yes —

States to approach with care

Louisiana and Nebraska restrict compensated surrogacy. Arizona and Indiana declare surrogacy contracts void by statute, although courts grant parentage orders in practice; we match there only with experienced local counsel and after explaining the difference. Michigan permitted compensated surrogacy from 2025; Idaho, Iowa and several others rely on favourable case law without a statute. Our 50-state law guide has each state’s status.

Does the intended parents' state matter?

Much less than the surrogate’s. The contract is governed by the surrogate’s state and the birth occurs there, so intended parents from any state — or any country — can complete a journey in a surrogacy-friendly state. Your home state matters for the birth certificate you take home and for any recognition step; New York parents, for example, benefit from the CPSA’s recognition of out-of-state orders.

Frequently asked questions

California for supply and law; New York for licensing and protection; Illinois, Colorado and Washington for balance.
None bans gestational surrogacy outright; Louisiana and Nebraska restrict compensated surrogacy and Michigan did until 2025.
Yes; most journeys cross state lines.
Yes, with the intended parents named under the parentage order.
Sometimes slightly; widening location usually shortens the match overall.
Written by Pooja Patel, MD — MBBS (Seth G.S. Medical College & K.E.M. Hospital); Fellowship in Embryology; Manager, Surrogacy4All. Medically reviewed by Rashmi Gulati, MD — Board Certified, Internal Medicine; Medical Advisor, Surrogacy4All; privileges at Mount Sinai Hospital.
Last updated 16 Sep 2026. Meet our team
Written by Pooja Patel, MD — MBBS (Seth G.S. Medical College & K.E.M. Hospital); Fellowship in Embryology; Manager, Surrogacy4All. Dr. Patel manages surrogate screening, matching and journey coordination at Surrogacy4All’s New York program. Medically reviewed by Rashmi Gulati, MD — Board Certified, Internal Medicine; Medical Advisor, Surrogacy4All; privileges at Mount Sinai Hospital.
Last updated 16 Sep 2026

Talk to a physician-led team

Free consultation, in person on Fifth Avenue or by video: (212) 661-7673 · info@surrogacy4all.com · Book online. Surrogacy4All is licensed by New York State (Surrogacy Program License GSP220903) and FDA-registered (FEI 3021544308); operating since 2006; clinics in New York, Toronto and Accra.