Surrogacy Laws by State Comprehensive Guide

AI Smart Summary

Surrogacy laws in the United States are determined at the state level, making it essential for intended parents and gestational carriers to understand the legal requirements before beginning their journey. This guide explains which states are surrogacy-friendly, where restrictions exist, and how legal issues such as parentage, compensation, contracts, and pre-birth orders vary across the country. It also highlights why choosing the right state and working with experienced reproductive attorneys and agencies can help create a smoother, legally secure surrogacy experience.

FAST FACTS

No federal surrogacy law exists. Every U.S. state has its own surrogacy regulations.

California, Illinois, Connecticut, and New Jersey are among the most surrogacy-friendly states with strong legal protections.

Some states restrict or prohibit compensated surrogacy, making legal guidance essential before signing agreements.

The surrogate’s state of residence often determines how contracts and parental rights are handled.

Pre-birth parentage orders are available in many surrogacy-friendly states, allowing intended parents to establish legal parentage before delivery.

Working with an experienced surrogacy agency and reproductive attorney helps ensure compliance with state-specific laws and protects everyone involved.

Key Takeaways

Surrogacy laws differ by state, so legal planning should begin before selecting a surrogate or clinic.

Choosing a surrogacy-friendly state can simplify contracts, parentage, and the overall legal process.

Professional legal and agency support reduces risks and helps ensure compliance with changing state regulations.

Understanding state-specific requirements early saves time, avoids delays, and provides greater peace of mind throughout the surrogacy journey.

Our comprehensive guide on state surrogacy laws

Welcome to Surrogacy4All’s comprehensive guide on surrogacy laws by state. Understanding the legal landscape of surrogacy is essential for both intended parents and potential surrogates. Here, we aim to provide clarity and guidance through the intricacies of state-specific surrogacy legislation.

Why Choose Surrogacy4All for Surrogacy Legal Guidance?

As one of the few licensed and certified surrogacy agencies in New York, we not only offer you an experienced medical team but also provide expert advice on surrogacy laws across the US.

Our goal is to ensure you embark on your surrogacy journey fully informed and confident. Whether you are an intended parent or a potential surrogate, understanding the laws governing surrogacy in your state is crucial.

Summary of Surrogacy Laws by State

Surrogacy Laws by State: What You Can Expect

From New York to California, every state has its own unique approach to surrogacy laws. Some states are more surrogate-friendly, while others have more restrictive legislation. In this guide, you will find clear, accurate, and up-to-date information about:

Surrogacy is more than just a medical process; it is a legal journey, too. Equip yourself with the necessary knowledge to navigate this journey smoothly with Surrogacy4All.

Establishing Legal Parentage

One of the most important legal steps in any surrogacy journey is establishing legal parentage. Parentage determines who is legally recognized as the child’s parent after birth and whose names appear on the birth certificate.

Because every state has different requirements, legal planning should begin early in the surrogacy process. Completing parentage orders correctly helps ensure a smooth hospital experience and protects the rights of both the intended parents and the child.

Surrogacy Contracts and Legal Protection

A comprehensive surrogacy contract provides clarity and legal protection for everyone involved. Before any embryo transfer takes place, both the surrogate and intended parents should have independent legal representation to review and negotiate the agreement.

A typical surrogacy contract addresses:
Rights and responsibilities of each party
Surrogate compensation and expense reimbursement
Medical treatment and pregnancy decisions
Insurance coverage
Confidentiality and communication expectations
Delivery planning and legal parentage

Well-drafted agreements reduce misunderstandings and help create a transparent, respectful relationship throughout the surrogacy journey. In states where contracts are enforceable, they provide an important layer of legal protection for all parties.

LGBTQ+ Surrogacy Rights by State

Surrogacy has become an important family-building option for LGBTQ+ individuals and couples, but legal recognition varies across the United States. Many states provide equal access to gestational surrogacy regardless of marital status, sexual orientation, or gender identity, while others may have additional legal requirements for establishing parentage.

Experienced legal guidance is especially important to ensure:
Both intended parents receive legal recognition.
Birth certificates accurately reflect parentage.
State-specific eligibility requirements are satisfied.
Parentage orders are completed before or after birth, as required.

At Surrogacy4All, we proudly support LGBTQ+ intended parents by helping them navigate state laws, legal documentation, and the surrogacy process with confidence and compassion.

Arkansas Surrogacy Laws

Surrogacy Law Overview: Arkansas is a surrogacy-friendly state. According to Arkansas Code Section 9-10-201, both gestational and traditional surrogacy are permitted.
Pre-Birth Orders: Pre-birth orders are typically granted by Arkansas courts, becoming effective upon the birth of the child.
Compensated Surrogacy: Compensated surrogacy is both legal and enforceable in the state of Arkansas.
Parental Rights: In gestational surrogacy cases, intended parents can be declared as legal parents via pre-birth orders, irrespective of a genetic connection.
Additional Considerations: The laws in Arkansas provide a robust legal framework for surrogacy, making the state a favorable environment for intended parents and surrogates alike.

California Surrogacy Laws

Surrogacy Law Overview: California is considered one of the most surrogacy-friendly states in the U.S. The state’s laws permit surrogacy agreements, and its courts are supportive.
Pre-Birth Orders: California courts grant pre-birth orders, providing assurance to intended parents before the child's birth.
Compensated Surrogacy: Compensated surrogacy is permitted and commonly practiced in California.
Parental Rights: Intended parents can be declared as legal parents prior to the birth, even without any genetic relation to the child.
Additional Considerations: California's laws are supportive of surrogacy agreements for same-sex couples and single individuals, making it a progressive state for surrogacy.

Colorado Surrogacy Laws

Surrogacy Law Overview: Colorado does not have specific surrogacy statutes, but it is considered a surrogacy-friendly state, with courts that have a history of supporting gestational surrogacy agreements.
Pre-Birth Orders: Colorado courts typically grant pre-birth orders, which become effective at birth.
Compensated Surrogacy: Compensated surrogacy is not explicitly addressed by statute, but such agreements are practiced and accepted.
Parental Rights: Intended parents usually can establish their legal parental rights through pre-birth orders.
Additional Considerations: The legal environment is favorable in Colorado for surrogacy, but due to the absence of specific legislation, it is essential to have legal representation experienced in this field.

Connecticut Surrogacy Laws

Surrogacy Law Overview: Connecticut is a surrogacy-friendly state. The state's Supreme Court recognizes and enforces gestational surrogacy agreements.
Pre-Birth Orders: Connecticut courts are willing to grant pre-birth orders, recognizing the intended parents as the legal parents from the onset.
Compensated Surrogacy: Compensated surrogacy is permitted and enforceable in Connecticut.
Parental Rights: In gestational surrogacy cases, intended parents can be declared as legal parents via pre-birth orders.
Additional Considerations: Connecticut's laws are supportive of surrogacy agreements for all kinds of families, making it a progressive state for surrogacy.

Delaware Surrogacy Laws

Surrogacy Law Overview: Delaware has specific laws to regulate surrogacy, making it one of the most surrogacy-friendly states in the US. Both gestational and traditional surrogacy are permitted.
Pre-Birth Orders: Delaware courts routinely issue pre-birth orders that establish parentage rights for the intended parents.
Compensated Surrogacy: Compensated surrogacy agreements are legal and enforceable in Delaware.
Parental Rights: Parental rights for the intended parents can be established prior to the birth of the child, regardless of the genetic connection.
Additional Considerations: Delaware's surrogacy laws are inclusive and considerate of all intended parents, regardless of their marital status or sexual orientation.

Florida Surrogacy Laws

Surrogacy Law Overview: Florida allows gestational surrogacy for married couples only and has specific statutes to govern the process.
Pre-Birth Orders: Pre-birth orders are granted by Florida courts, recognizing the intended parents as the legal parents from the birth of the child.
Compensated Surrogacy: Compensated gestational surrogacy is permissible in Florida under certain conditions.
Parental Rights: Legal parentage can be established pre-birth for intended parents, but at least one parent must be genetically related to the child.
Additional Considerations: Traditional surrogacy is treated as an adoption under Florida law. Consultation with an experienced surrogacy attorney is advised for surrogacy journeys in Florida.

Georgia Surrogacy Laws

Surrogacy Law Overview: Georgia does not have explicit laws governing surrogacy but is supportive of gestational surrogacy agreements.
Pre-Birth Orders: Georgia courts typically grant pre-birth orders, but it can depend on the county.
Compensated Surrogacy: While not explicitly mentioned in Georgia's law, compensated surrogacy agreements are commonly practiced.
Parental Rights: Establishing parental rights can be accomplished via pre-birth orders, but the process may vary from county to county.
Additional Considerations: Given the lack of explicit laws on surrogacy, it is recommended to consult with a knowledgeable attorney if considering surrogacy in Georgia.

Hawaii Surrogacy Laws

Surrogacy Law Overview: Hawaii does not have specific laws concerning surrogacy, but the practice is accepted, especially gestational surrogacy.
Pre-Birth Orders: Courts in Hawaii usually grant pre-birth orders, ensuring the intended parents are recognized as the legal parents from the start.
Compensated Surrogacy: Compensated surrogacy is allowed and is commonly practiced in Hawaii.
Parental Rights: Parental rights can usually be established through pre-birth orders, although the procedure may vary depending on the specific circumstances.
Additional Considerations: As there are no specific laws for surrogacy in Hawaii, it is recommended to consult with an experienced surrogacy attorney when considering this path.

Idaho Surrogacy Laws

Surrogacy Law Overview: Idaho does not have specific statutes regarding surrogacy, but the state's courts have been supportive of gestational surrogacy agreements.
Pre-Birth Orders: Pre-birth orders are granted by courts in Idaho, securing parental rights for intended parents before the child's birth.
Compensated Surrogacy: Compensated surrogacy is typically permissible in Idaho, though there are no explicit laws addressing it.
Parental Rights: Parental rights are typically established through pre-birth orders.
Additional Considerations: Due to the lack of specific surrogacy laws, it is recommended to consult with a surrogacy attorney if considering surrogacy in Idaho.

Illinois Surrogacy Laws

Surrogacy Law Overview: Illinois is one of the most surrogacy-friendly states in the U.S. The state has specific laws, the Gestational Surrogacy Act, which govern gestational surrogacy.
Pre-Birth Orders: Illinois courts regularly grant pre-birth orders, often without a court hearing needed.
Compensated Surrogacy: Compensated surrogacy is legal and enforceable in Illinois under the Gestational Surrogacy Act.
Parental Rights: The intended parents can be declared the legal parents in the gestational surrogacy agreement even without a genetic connection to the child.
Additional Considerations: Illinois law is inclusive and allows all individuals, regardless of marital status or sexual orientation, to participate in gestational surrogacy.

Indiana Surrogacy Laws

Surrogacy Law Overview: Indiana law expressly declares surrogacy contracts as void and unenforceable. However, gestational surrogacy is still practiced, and intended parents may establish their parental rights after the child's birth.
Pre-Birth Orders: Due to statutory restrictions, Indiana courts do not grant pre-birth orders.
Compensated Surrogacy: Compensated surrogacy is not enforceable under Indiana law.
Parental Rights: Parental rights can typically be established through post-birth legal procedures, often requiring a stepparent or second-parent adoption process.
Additional Considerations: Despite the legal challenges, surrogacy still occurs in Indiana, though it is crucial to navigate this process with the aid of an experienced surrogacy attorney.

Iowa Surrogacy Laws

Surrogacy Law Overview: Iowa is supportive of surrogacy, with the courts routinely approving gestational surrogacy agreements.
Pre-Birth Orders: Iowa courts grant pre-birth orders that establish the intended parents' legal rights from birth.
Compensated Surrogacy: Compensated surrogacy is permissible in Iowa, though there are no explicit laws on this matter.
Parental Rights: Parental rights can usually be established through pre-birth orders.
Additional Considerations: The legal environment for surrogacy is favorable in Iowa, but given the lack of explicit laws, it is important to have knowledgeable legal representation.

Kansas Surrogacy Laws

Surrogacy Law Overview: Kansas does not have specific laws for surrogacy but has been supportive of the practice.
Pre-Birth Orders: Pre-birth orders are typically not granted in Kansas. Parental rights are usually established after birth.
Compensated Surrogacy: There are no specific statutes regarding compensated surrogacy in Kansas, but such agreements are accepted.
Parental Rights: Intended parents usually establish their legal parental rights after the child's birth.
Additional Considerations: Considering the lack of specific surrogacy laws, it is advised to consult with a surrogacy attorney when pursuing surrogacy in Kansas.

Kentucky Surrogacy Laws

Surrogacy Law Overview: Kentucky does not have explicit laws governing surrogacy. Courts have been inconsistent in their rulings regarding surrogacy agreements.
Pre-Birth Orders: The ability to obtain pre-birth orders in Kentucky can vary by county and case specifics.
Compensated Surrogacy: There are no explicit laws regarding compensated surrogacy, but such agreements are practiced.
Parental Rights: Establishing parental rights can be complex in Kentucky and often requires post-birth legal procedures.
Additional Considerations: Given the lack of explicit laws and variability in court decisions, it is strongly recommended to consult with a knowledgeable attorney if considering surrogacy in Kentucky.

Louisiana Surrogacy Laws

Surrogacy Law Overview: Louisiana law allows for uncompensated gestational surrogacy for heterosexual married couples only.
Pre-Birth Orders: Louisiana does not issue pre-birth orders. Legal parentage is established post-birth.
Compensated Surrogacy: Compensated surrogacy agreements are not enforceable under Louisiana law.
Parental Rights: Legal parentage for intended parents is established post-birth through a court judgement.
Additional Considerations: Given the restrictive nature of Louisiana's surrogacy laws, intended parents and surrogates are advised to consult with a surrogacy attorney when pursuing surrogacy in Louisiana.

Maine Surrogacy Laws

Surrogacy Law Overview: Maine is considered one of the most surrogacy-friendly states, thanks to the Maine Parentage Act, which provides clear and supportive laws for both gestational and traditional surrogacy.
Pre-Birth Orders: Courts in Maine routinely grant pre-birth orders, ensuring intended parents are recognized as the legal parents from birth.
Compensated Surrogacy: Compensated surrogacy is fully legal and enforceable in Maine.
Parental Rights: Parental rights can be firmly established through pre-birth orders, regardless of the genetic connection to the child.
Additional Considerations: Maine law is inclusive, allowing individuals and couples of all orientations and marital statuses to participate in surrogacy.

Maryland Surrogacy Laws

Surrogacy Law Overview: Maryland does not have specific laws regarding surrogacy, but courts have been consistently favorable towards gestational surrogacy.
Pre-Birth Orders: Pre-birth orders are granted by Maryland courts, affirming intended parents' legal rights from the moment of birth.
Compensated Surrogacy: Compensated surrogacy is permissible and practiced in Maryland, although there are no specific laws addressing it.
Parental Rights: Parental rights are typically established through pre-birth orders.
Additional Considerations: Given the favorable legal climate, surrogacy is commonly practiced in Maryland. It is advised to consult with an experienced surrogacy attorney to navigate the process.

Massachusetts Surrogacy Laws

Surrogacy Law Overview: Massachusetts is a surrogacy-friendly state. While there are no explicit surrogacy laws, Massachusetts courts consistently uphold gestational surrogacy agreements.
Pre-Birth Orders: Massachusetts courts routinely issue pre-birth orders, which establish the intended parents as the legal parents from birth.
Compensated Surrogacy: Compensated surrogacy is commonly practiced and accepted in Massachusetts.
Parental Rights: Parental rights can be established through pre-birth orders, often without the need for any genetic connection to the child.
Additional Considerations: Massachusetts law supports individuals and couples of all orientations and marital statuses who wish to pursue surrogacy.

Michigan Surrogacy Laws

Surrogacy Law Overview: Michigan law expressly prohibits all forms of surrogacy, declaring such contracts void and unenforceable, and provides for criminal penalties for participating in a surrogacy arrangement.
Pre-Birth Orders: Due to the legal restrictions, Michigan courts do not grant pre-birth orders in surrogacy cases.
Compensated Surrogacy: Compensated surrogacy is illegal in Michigan, punishable by fines and potential imprisonment.
Parental Rights: Parental rights cannot be established through surrogacy in Michigan.
Additional Considerations: It is crucial for anyone considering surrogacy to be aware of the legal restrictions in Michigan.

Minnesota Surrogacy Laws

Surrogacy Law Overview: Minnesota does not have explicit laws concerning surrogacy, but the courts are favorable toward gestational surrogacy agreements.
Pre-Birth Orders: Minnesota courts often grant pre-birth orders, establishing legal parentage for intended parents from the moment of birth.
Compensated Surrogacy: Compensated surrogacy is accepted and practiced in Minnesota.
Parental Rights: Parental rights can usually be established through pre-birth orders.
Additional Considerations: It is recommended to consult with a surrogacy attorney when considering surrogacy in Minnesota due to the lack of explicit laws.

Mississippi Surrogacy Laws

Surrogacy Law Overview: Mississippi does not have specific laws regarding surrogacy, but gestational surrogacy is practiced, and agreements are typically upheld.
Pre-Birth Orders: Courts in Mississippi may grant pre-birth orders, though the legal process can vary on a case-by-case basis.
Compensated Surrogacy: Compensated surrogacy agreements are accepted and upheld in Mississippi.
Parental Rights: Parental rights can usually be established through pre-birth orders.
Additional Considerations: Given the absence of explicit laws on surrogacy, it is advised to consult with an experienced surrogacy attorney when pursuing surrogacy in Mississippi.

Missouri Surrogacy Laws

Surrogacy Law Overview: Missouri does not have explicit laws governing surrogacy, but the courts have been favorable towards gestational surrogacy.
Pre-Birth Orders: Missouri courts routinely grant pre-birth orders, allowing intended parents to establish their legal rights from the moment of birth.
Compensated Surrogacy:Compensated surrogacy is accepted in Missouri, although there are no specific laws addressing it.
Parental Rights: Parental rights are typically established through pre-birth orders.
Additional Considerations: Consultation with a surrogacy attorney is recommended when considering surrogacy in Missouri due to the absence of explicit laws.

Montana Surrogacy Laws

Surrogacy Law Overview: Montana does not have specific laws regarding surrogacy, but the practice is accepted.
Pre-Birth Orders: Courts in Montana may grant pre-birth orders, though the legal process can vary depending on the individual case specifics.
Compensated Surrogacy: Compensated surrogacy agreements are accepted in Montana.
Parental Rights: Parental rights can usually be established through pre-birth orders.
Additional Considerations: Given the lack of explicit laws, it is advised to consult with an experienced surrogacy attorney when considering surrogacy in Montana.

Nebraska Surrogacy Laws

Surrogacy Law Overview: Nebraska law expressly forbids traditional surrogacy contracts. However, gestational surrogacy is practiced and accepted.
Pre-Birth Orders: Nebraska courts typically do not grant pre-birth orders, so parental rights are usually established after the child's birth.
Compensated Surrogacy: Compensated surrogacy agreements are accepted in Nebraska.
Parental Rights: Establishing parental rights can be complex in Nebraska and often requires post-birth legal procedures.
Additional Considerations: Due to the legal complexities, it is strongly recommended to consult with a knowledgeable attorney if considering surrogacy in Nebraska.

Nevada Surrogacy Laws

Surrogacy Law Overview: Nevada is one of the most surrogacy-friendly states in the U.S. The state has explicit laws protecting the rights of intended parents, surrogates, and donors.
Pre-Birth Orders: Nevada courts routinely grant pre-birth orders, ensuring intended parents are recognized as the legal parents from birth.
Compensated Surrogacy: Compensated surrogacy is fully legal and enforceable in Nevada.
Parental Rights: Parental rights can be firmly established through pre-birth orders.
Additional Considerations: Nevada law is inclusive, allowing individuals and couples of all orientations and marital statuses to participate in surrogacy.

New Hampshire Surrogacy Laws

Surrogacy Law Overview: New Hampshire is considered surrogacy-friendly, with comprehensive legislation supporting gestational surrogacy.
Pre-Birth Orders: New Hampshire courts routinely grant pre-birth orders, ensuring intended parents are recognized as the legal parents from birth.
Compensated Surrogacy: Compensated surrogacy is fully legal and enforceable in New Hampshire.
Parental Rights: Parental rights can be firmly established through pre-birth orders, regardless of the genetic connection to the child.
Additional Considerations: New Hampshire law is inclusive, allowing individuals and couples of all orientations and marital statuses to participate in surrogacy.

New Jersey Surrogacy Laws

Surrogacy Law Overview: New Jersey has favorable laws for gestational surrogacy, explicitly outlined in the New Jersey Gestational Carrier Agreement Act.
Pre-Birth Orders: New Jersey courts routinely grant pre-birth orders, affirming intended parents' legal rights from the moment of birth.
Compensated Surrogacy: Compensated surrogacy is legal in New Jersey, as per the Gestational Carrier Agreement Act.
Parental Rights: Parental rights can be established through pre-birth orders.
Additional Considerations: The laws in New Jersey support individuals and couples of all orientations and marital statuses who wish to pursue surrogacy.

New Mexico Surrogacy Laws

Surrogacy Law Overview: New Mexico does not have specific laws concerning surrogacy. However, courts have been favorable towards gestational surrogacy agreements.
Pre-Birth Orders: Pre-birth orders are typically granted in New Mexico, establishing intended parents as legal parents from birth.
Compensated Surrogacy: Compensated surrogacy is accepted and practiced in New Mexico, though there are no explicit laws governing this.
Parental Rights: Parental rights can be established through pre-birth orders.
Additional Considerations: Given the lack of explicit surrogacy laws, consulting with a surrogacy attorney is recommended when considering surrogacy in New Mexico.

New York Surrogacy Laws

Surrogacy Law Overview: As of February 2021, compensated gestational surrogacy is legal in New York due to the passage of the Child-Parent Security Act.
Pre-Birth Orders: New York courts grant pre-birth orders, which affirm the intended parents' rights from the moment of birth.
Compensated Surrogacy: Compensated surrogacy is fully legal and enforceable in New York.
Parental Rights: Parental rights can be established through pre-birth orders, regardless of the genetic connection to the child.
Additional Considerations: The laws in New York are inclusive, allowing individuals and couples of all orientations and marital statuses to participate in surrogacy.

North Carolina Surrogacy Laws

Surrogacy Law Overview: North Carolina does not have explicit laws governing surrogacy, but the courts are favorable towards gestational surrogacy agreements.
Pre-Birth Orders: Pre-birth orders may be granted in North Carolina, establishing intended parents as the legal parents from birth.
Compensated Surrogacy: Compensated surrogacy is accepted and practiced in North Carolina, though there are no explicit laws governing this.
Parental Rights: Parental rights can usually be established through pre-birth orders.
Additional Considerations: Given the lack of explicit surrogacy laws, consulting with a surrogacy attorney is recommended when considering surrogacy in North Carolina.

North Dakota Surrogacy Laws

Surrogacy Law Overview: North Dakota law is silent on gestational surrogacy, but it prohibits traditional surrogacy agreements.
Pre-Birth Orders: While there is no specific provision, pre-birth orders might be issued in gestational surrogacy cases.
Compensated Surrogacy: The law does not directly address compensated surrogacy, but it is accepted in gestational surrogacy cases.
Parental Rights: Parental rights can usually be established through pre-birth orders, but it is highly recommended to consult with an attorney due to the legal uncertainties.
Additional Considerations: Due to the lack of explicit surrogacy laws, consulting with a surrogacy attorney is strongly recommended when considering surrogacy in North Dakota.

Ohio Surrogacy Laws

Surrogacy Law Overview: Ohio law is favorable towards gestational surrogacy. Ohio courts have consistently upheld gestational surrogacy agreements.
Pre-Birth Orders: Pre-birth orders are issued in gestational surrogacy cases, but post-birth orders might be required in certain circumstances.
Compensated Surrogacy: Compensated surrogacy is accepted and practiced in Ohio.
Parental Rights: Parental rights can usually be established through pre-birth orders.
Additional Considerations: Given the lack of explicit surrogacy laws, consulting with a surrogacy attorney is recommended when considering surrogacy in Ohio.

Oklahoma Surrogacy Laws

Surrogacy Law Overview: Oklahoma law is favorable towards gestational surrogacy and explicitly permits it under certain conditions.
Pre-Birth Orders: Oklahoma courts routinely grant pre-birth orders to establish the intended parents' legal rights from birth.
Compensated Surrogacy: Compensated surrogacy is legal and enforceable in Oklahoma.
Parental Rights: Parental rights can be firmly established through pre-birth orders.
Additional Considerations: The laws in Oklahoma support individuals and couples of all orientations and marital statuses who wish to pursue surrogacy.

Oregon Surrogacy Laws

Surrogacy Law Overview: Oregon is one of the most surrogacy-friendly states in the U.S., with case law supporting both gestational and traditional surrogacy agreements.
Pre-Birth Orders: Oregon courts routinely grant pre-birth orders, recognizing intended parents as legal parents from birth.
Compensated Surrogacy: Compensated surrogacy is fully legal and enforceable in Oregon.
Parental Rights: Parental rights can be firmly established through pre-birth orders.
Additional Considerations: Oregon law is inclusive, allowing individuals and couples of all orientations and marital statuses to participate in surrogacy.

Pennsylvania Surrogacy Laws

Surrogacy Law Overview: Pennsylvania has no specific laws addressing surrogacy, but case law and practice suggest that gestational surrogacy is accepted.
Pre-Birth Orders: Pre-birth orders are typically granted in Pennsylvania, recognizing the intended parents' legal rights from birth.
Compensated Surrogacy: Compensated surrogacy is accepted and practiced in Pennsylvania.
Parental Rights: Parental rights can be established through pre-birth orders.
Additional Considerations: Given the lack of explicit surrogacy laws, consulting with a surrogacy attorney is recommended when considering surrogacy in Pennsylvania.

Rhode Island Surrogacy Laws

Pre-Birth Orders: Rhode Island courts routinely grant pre-birth orders, ensuring intended parents are recognized as the legal parents from birth.
Compensated Surrogacy: The law does not directly address compensated surrogacy, but it is accepted and practiced in Rhode Island in the context of gestational surrogacy.
Parental Rights: Parental rights can usually be established through pre-birth orders.
Additional Considerations: Given the lack of explicit surrogacy laws, consulting with a surrogacy attorney is recommended when considering surrogacy in Rhode Island.

South Carolina Surrogacy Laws

Surrogacy Law Overview: South Carolina law is favorable towards gestational surrogacy, and courts have upheld gestational surrogacy agreements in the past.
Pre-Birth Orders: South Carolina courts grant pre-birth orders, affirming intended parents' legal rights from the moment of birth.
Compensated Surrogacy: Compensated surrogacy is accepted and practiced in South Carolina.
Parental Rights: Parental rights can usually be established through pre-birth orders.
Additional Considerations: The laws in South Carolina support individuals and couples of all orientations and marital statuses who wish to pursue surrogacy.

South Dakota Surrogacy Laws

Surrogacy Law Overview: South Dakota does not have specific laws concerning surrogacy. However, courts have been favorable towards gestational surrogacy agreements.
Pre-Birth Orders: Pre-birth orders are typically granted in South Dakota, establishing intended parents as legal parents from birth.
Compensated Surrogacy: Compensated surrogacy is accepted and practiced in South Dakota, though there are no explicit laws governing this.
Parental Rights: Parental rights can be established through pre-birth orders.
Additional Considerations: Given the lack of explicit surrogacy laws, consulting with a surrogacy attorney is recommended when considering surrogacy in South Dakota.

Tennessee Surrogacy Laws

Surrogacy Law Overview: Tennessee law allows for uncompensated gestational surrogacy. Compensated surrogacy contracts are expressly void and unenforceable according to Tennessee statute.
Pre-Birth Orders: Pre-birth orders can be obtained in uncompensated gestational surrogacy cases.
Compensated Surrogacy: Compensated surrogacy is expressly prohibited in Tennessee.
Parental Rights: Parental rights can be established through pre-birth orders in uncompensated gestational surrogacy cases.
Additional Considerations: Given the restrictive nature of surrogacy laws in Tennessee, consulting with a surrogacy attorney is strongly recommended when considering surrogacy in this state.

Texas Surrogacy Laws

Surrogacy Law Overview: Texas law is supportive of gestational surrogacy and has specific provisions outlining the conditions under which surrogacy contracts can be enforced.
Pre-Birth Orders: Texas courts routinely grant pre-birth orders, establishing the intended parents as the legal parents from birth.
Compensated Surrogacy: Compensated surrogacy is permitted and regulated in Texas, with clear requirements for the enforceability of such contracts.
Parental Rights: Parental rights can be established through pre-birth orders, but the law also allows for the post-birth adoption process for the intended parents in certain cases.
Additional Considerations: Texas law is inclusive, allowing individuals and couples of all orientations and marital statuses to participate in surrogacy.

Utah Surrogacy Laws

Surrogacy Law Overview: Utah law is favorable towards gestational surrogacy, but it prohibits compensation beyond reasonable expenses in surrogacy agreements.
Pre-Birth Orders: Utah courts issue pre-birth orders, which can establish the intended parents as the legal parents from birth.
Compensated Surrogacy: Compensated surrogacy is not permitted in Utah. Only reasonable expenses can be covered.
Parental Rights: Parental rights can be established through pre-birth orders.
Additional Considerations: Given the restrictions on compensated surrogacy, consulting with a surrogacy attorney is recommended when considering surrogacy in Utah.

Vermont Surrogacy Laws

Surrogacy Law Overview: Vermont law is supportive of surrogacy, but it does not have specific statutes regulating the practice.
Pre-Birth Orders: Pre-birth orders are issued in Vermont, ensuring intended parents are recognized as the legal parents from birth.
Compensated Surrogacy: There are no laws directly addressing compensated surrogacy in Vermont, but it is accepted and practiced in the state.
Parental Rights: Parental rights can usually be established through pre-birth orders.
Additional Considerations: Given the lack of explicit surrogacy laws, consulting with a surrogacy attorney is recommended when considering surrogacy in Vermont.

Virginia Surrogacy Laws

Surrogacy Law Overview: Virginia law is supportive of gestational surrogacy, provided that certain requirements are met. The law requires a court-approved surrogacy contract.
Pre-Birth Orders: Pre-birth orders are issued in Virginia, recognizing the intended parents as the legal parents from birth.
Compensated Surrogacy: Compensated surrogacy is permitted under Virginia law, provided that the surrogacy contract meets certain requirements and is approved by the court.
Parental Rights: Parental rights can be established through pre-birth orders.
Additional Considerations: Virginia law is inclusive, allowing individuals and couples of all orientations and marital statuses to participate in surrogacy.

Washington Surrogacy Laws

Surrogacy Law Overview: Washington's law was updated in 2019 to permit both gestational and traditional surrogacy arrangements, reversing a previous ban on compensated surrogacy.
Pre-Birth Orders: Washington courts issue pre-birth orders, which recognize intended parents as the legal parents from birth.
Compensated Surrogacy: As of 2019, compensated surrogacy is legal and regulated in Washington.
Parental Rights: Parental rights can be established through pre-birth orders.
Additional Considerations: Washington law is inclusive, allowing individuals and couples of all orientations and marital statuses to participate in surrogacy.

West Virginia Surrogacy Laws

Surrogacy Law Overview: West Virginia does not have specific laws concerning surrogacy, but courts have been favorable towards gestational surrogacy agreements.
Pre-Birth Orders: Pre-birth orders are granted in West Virginia, recognizing the intended parents as the legal parents from birth.
Compensated Surrogacy: There are no laws directly addressing compensated surrogacy in West Virginia, but it is accepted and practiced in the state.
Parental Rights: Parental rights can usually be established through pre-birth orders.
Additional Considerations: Given the lack of explicit surrogacy laws, consulting with a surrogacy attorney is recommended when considering surrogacy in West Virginia.

Wisconsin Surrogacy Laws

Surrogacy Law Overview: Wisconsin does not have specific laws regarding surrogacy, but courts have been favorable towards gestational surrogacy agreements.
Pre-Birth Orders: Pre-birth orders are typically granted in Wisconsin, recognizing intended parents as the legal parents from birth.
Compensated Surrogacy: There are no laws directly addressing compensated surrogacy in Wisconsin, but it is accepted and practiced in the state.
Parental Rights: Parental rights can usually be established through pre-birth orders.
Additional Considerations: Given the lack of explicit surrogacy laws, consulting with a surrogacy attorney is recommended when considering surrogacy in Wisconsin.

Wyoming Surrogacy Laws

Surrogacy Law Overview: Wyoming law does not explicitly address surrogacy. However, there is no statute or published case law that prohibits gestational surrogacy.
Pre-Birth Orders: Due to the absence of clear surrogacy law, it is unclear whether Wyoming courts would grant pre-birth orders. Post-birth orders may be possible.
Compensated Surrogacy: The law does not directly address compensated surrogacy, but it is accepted and practiced in Wyoming.
Parental Rights: Parental rights may be established post-birth, but this should be discussed with an experienced surrogacy attorney.
Additional Considerations: Given the lack of explicit surrogacy laws, consulting with a surrogacy attorney is recommended when considering surrogacy in Wyoming.

Please consult with an experienced surrogacy attorney to fully understand the specific surrogacy laws in each of these states. We will be happy to refer you to one.

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