GSP220903, FDA FEI #3021544308
Surrogacy law is set state by state, and it’s the surrogate’s state of residence — not the intended parents’ — that controls which law applies. That single fact is the most common source of confusion in planning a journey, and it’s why the same intended parents can have a straightforward legal process with one surrogate and a complicated one with another, depending only on where each surrogate lives.
New York’s Child-Parent Security Act (effective February 15, 2021) permits compensated gestational surrogacy and is the only state law that licenses surrogacy programs directly — Surrogacy4All holds that license (GSP220903). Licensing means the state has reviewed the agency’s screening and legal processes, not just its incorporation paperwork.
| State | Compensated gestational | Pre-birth order | Same-sex | Single | Basis |
|---|---|---|---|---|---|
| Alabama | Case law/practice | Varies | Yes | Yes | Practice |
| Alaska | Case law/practice | Varies | Yes | Yes | Practice |
| Arizona | Unfavorable (statute voids contracts; parentage granted in practice) | Post-birth | Varies | Varies | Statute (void) |
| Arkansas | Case law/practice | Yes | Varies | Yes | Statute (limited) |
| California | Statute | Yes | Yes | Yes | Fam. Code §7960–7962 |
| Colorado | Statute | Yes | Yes | Yes | Surrogacy Agreement Act 2021 |
| Connecticut | Statute | Yes | Yes | Yes | Parentage Act 2022 |
| Delaware | Statute | Yes | Yes | Yes | Statute |
| District of Columbia | Statute | Yes | Yes | Yes | Collaborative Reproduction Act 2017 |
| Florida | Statute (married couples for gestational; others via pre-planned adoption) | Post-birth (3-day affirmation) | Married yes | Varies | Fla. Stat. §742.15 |
| Georgia (USA) | Case law/practice | Yes (varies by county) | Yes | Yes | Practice |
| Hawaii | Case law/practice | Varies | Yes | Yes | Practice |
| Idaho | Case law/practice | Yes | Yes | Yes | Practice |
| Illinois | Statute | Yes | Yes | Yes | Gestational Surrogacy Act 2005 |
| Indiana | Unfavorable (contracts void; orders granted in practice) | Varies | Varies | Varies | Statute (void) |
| Iowa | Case law/practice | Varies | Yes | Yes | Practice |
| Kansas | Case law/practice | Yes | Yes | Yes | Practice |
| Kentucky | Case law/practice | Varies | Yes | Yes | Practice |
| Louisiana | Restricted (uncompensated; married heterosexual couples; own gametes) | Post-birth | No | No | Statute 2016 |
| Maine | Statute | Yes | Yes | Yes | Parentage Act 2016 |
| Maryland | Case law/practice | Yes | Yes | Yes | Practice |
| Massachusetts | Case law/practice | Yes | Yes | Yes | Case law |
| Michigan | Statute (2024, effective 2025) | Yes | Yes | Yes | Family Protection Act |
| Minnesota | Case law/practice | Yes | Yes | Yes | Practice |
| Mississippi | Case law/practice | Varies | Varies | Varies | Practice |
| Missouri | Case law/practice | Varies | Yes | Yes | Practice |
| Montana | Case law/practice | Varies | Yes | Yes | Practice |
| Nebraska | Unfavorable (compensated contracts unenforceable) | No | — | — | Statute |
| Nevada | Statute | Yes | Yes | Yes | Statute 2013 |
| New Hampshire | Statute | Yes | Yes | Yes | Statute 2014 |
| New Jersey | Statute | Yes | Yes | Yes | Gestational Carrier Agreement Act 2018 |
| New Mexico | Case law/practice | Yes | Yes | Yes | Practice |
| New York | Statute; programs must be licensed | Yes | Yes | Yes | Child-Parent Security Act 2021 |
| North Carolina | Case law/practice | Varies | Yes | Yes | Practice |
| North Dakota | Statute (gestational only) | Yes | Varies | Varies | Statute |
| Ohio | Case law/practice | Yes | Yes | Yes | Case law |
| Oklahoma | Statute | Yes | Yes | Yes | Gestational Agreement Act 2019 |
| Oregon | Case law/practice | Yes | Yes | Yes | Practice |
| Pennsylvania | Case law/practice | Yes | Yes | Yes | Case law |
| Rhode Island | Statute | Yes | Yes | Yes | Uniform Parentage Act 2020 |
| South Carolina | Case law/practice | Yes | Yes | Yes | Practice |
| South Dakota | Case law/practice | Varies | Yes | Yes | Practice |
| Tennessee | Case law/practice | Varies (genetic link) | Varies | Varies | Statute (definition only) |
| Texas | Statute (married couples; court-validated agreement) | Yes (validated) | Married yes | Varies | Fam. Code ch. 160 |
| Utah | Statute (court-approved) | Yes | Yes | Varies | Statute |
| Vermont | Statute | Yes | Yes | Yes | Parentage Act 2018 |
| Virginia | Statute | Yes (varies) | Yes | Yes | Statute |
| Washington | Statute | Yes | Yes | Yes | Uniform Parentage Act 2019 |
| West Virginia | Case law/practice | Varies | Yes | Yes | Practice |
| Wisconsin | Case law/practice | Varies | Yes | Yes | Case law |
| Wyoming | Case law/practice | Varies | Yes | Yes | Practice |
The first step in the surrogacy process is completing an initial application.
The application typically collects information about:
This step helps determine whether a candidate may qualify for surrogacy.
Many agencies also provide educational information at this stage so women fully understand the commitment involved.
These states have a specific law addressing gestational surrogacy contracts and typically offer the clearest, fastest path to a pre-birth parentage order:
California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Kentucky (KRS 199.590, amended 2020), Maine, Michigan (Michigan Family Protection Act, effective 2024), Nevada, New Hampshire, New Jersey, New York, North Dakota, Oklahoma, Rhode Island, Texas, Utah, Vermont, Virginia, Washington.
No specific surrogacy statute, but courts routinely enforce gestational surrogacy contracts and grant parentage orders in practice:
Alabama, Alaska, Arkansas, Georgia, Hawaii, Idaho, Iowa, Kansas, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, West Virginia, Wisconsin, Wyoming.
| State | Status |
| Arizona | Statute voids surrogacy contracts on paper; courts still grant parentage orders in practice, but the legal footing is weaker. |
| Indiana | Same pattern as Arizona — statute voids contracts, courts often grant orders anyway. |
| Louisiana | Permits only uncompensated gestational surrogacy for married heterosexual couples using their own gametes. |
| Nebraska | Declares compensated surrogacy contracts unenforceable; no pre-birth parentage order available. |
A pre-birth order names the intended parents on the birth certificate at delivery. A post-birth order requires a separate legal step after the baby is born — not a barrier, but it adds time and, in some states, a court hearing.
Pre-birth order available | Post-birth only |
California, Colorado, Connecticut, Delaware, DC, Illinois, Maine, Michigan, Nevada, New Hampshire, New Jersey, New York, Oklahoma, Rhode Island, Utah, Vermont, Washington | Arizona, Florida, Louisiana, Nebraska |
Most states recognize same-sex couples and single intended parents on the same terms as married heterosexual couples. Louisiana is the clear exception (married heterosexual couples only). A handful of states — Arizona, Indiana, Tennessee among them — fall into “varies by county or circumstance” rather than a clean yes.
Since the surrogate’s state controls, the practical question isn’t “which state is friendliest” in the abstract — it’s whether the specific state your matched surrogate lives in offers: a clear statute or reliable case-law practice, a pre-birth (or fast post-birth) parentage order, no penalty exposure for the contract itself, and recognition that matches your family structure. Ask your agency to confirm all four for your specific match, not just the state’s general reputation.
Understand Your Legal Path Before Starting Surrogacy
Surrogacy is one of the most meaningful ways to build a family. Still, it is also a process that requires careful legal planning. In the United States, there is no single federal law that controls every surrogacy arrangement. Instead, each state has its own rules about contracts, compensation, parental rights, birth certificates, court orders and surrogate protections. That is why intended parents and surrogates should understand state surrogacy laws before choosing a match, clinic, attorney or birth location.
At Surrogacy4All, we help intended parents, surrogates, LGBTQ+ families, single parents, and international families move forward with confidence. Our physician-led team works with experienced reproductive attorneys so that your medical, emotional, financial, and legal steps are planned together from the beginning. Surrogacy4All describes itself as a physician-led New York-based agency with U.S. programs, international coordination, and services for couples, singles, LGBTQ+ individuals, and families from 25+ countries.
This guide is designed as a practical overview, not legal advice. Surrogacy law changes quickly, and a licensed assisted reproduction attorney in the relevant state should review every journey. The ASRM Legal Professional Group also states that state-law summaries should be treated as a starting point because laws and practices can be nuanced and subject to change.
The table below is a practical planning tool for intended parents and surrogates. It summarizes general surrogacy status, pre-birth order availability, and key notes. Because courts, statutes, and local procedures can change, every journey should be reviewed by an attorney licensed in the birth state before signing contracts or starting embryo transfer.
Surrogacy is a possibility in a number of states within the United States. Still, the choice is heavily contingent upon the state. Certain states explicitly allow gestational surrogacy and have clearly defined legal avenues for the prospective parents who want to have their names recognized prior to the birth. Other states permit surrogacy; however, they rely on court decisions as well as county-level practices and post-birth protocols. Certain states have restrictions on the compensation process and admissibility, marital status, genetic connection, or contract enforceability.
This is why our team does not look at surrogacy as only a medical journey. We see it as a coordinated process involving medical screening, IVF planning, surrogate matching, legal contracts, insurance review, escrow protection, hospital coordination and parentage establishment. When these parts are aligned early, intended parents can reduce delays, avoid avoidable legal confusion and protect everyone involved.
The legal side of surrogacy protects three groups: the intended parents, the surrogate and the child. A well-planned surrogacy arrangement helps define rights, responsibilities, medical decision-making, compensation, insurance coverage, travel plans, confidentiality, parental rights and birth certificate procedures.
For intended parents, legal planning answers important questions such as:
Every state has a different legal pathway. Some have clear statutes. Some have supportive case law. Some are silent but allow surrogacy in practice. Some allow pre-birth orders broadly, while others may require a post-birth order, adoption, or additional documentation. A few states restrict who can use surrogacy based on marriage, residency, genetic connection, or compensation structure.
At Surrogacy4All, we guide families through this maze by helping them understand the safest available route. We do not ask intended parents to figure this out alone. We help coordinate with fertility clinics, escrow providers, attorneys, insurance reviewers, and hospital teams so that the journey is structured correctly from the beginning.
A pre-birth order is a court order issued before the baby is born that recognizes the intended parent or parents as the child’s legal parents. In many supportive states, this allows the hospital and vital records office to place the intended parents directly on the birth certificate after delivery.
Pre-birth orders are especially important for:
However, not every state grants pre-birth orders in the same way. In some states, a court may grant them broadly. In other states, they may be limited to married couples, genetic parents, or specific legal circumstances. In some states, post-birth orders or adoption procedures may be required.
The most supportive states generally allow compensated gestational surrogacy, enforce properly drafted agreements, recognize intended parents through pre-birth orders, and treat married, unmarried, single, heterosexual, and LGBTQ+ parents more equally. Legal maps classify states differently, but Creative Family Connections describes “green light” jurisdictions as places where surrogacy is permitted for all parents and pre-birth orders are granted throughout the state.
Examples of highly supportive states include California, Colorado, Connecticut, Delaware, Maine, Nevada, New Hampshire, New Jersey, Vermont, Washington, and others, depending on the family structure and local requirements. Recent updates also matter: Hawaii’s modernized parentage law took effect on January 1, 2026, while Michigan’s new enforceable framework took effect in 2025, changing the legal planning landscape for intended parents.
Surrogacy laws differ from state to state, with each one setting its own rules, protections, and requirements. Understanding these variations helps intended parents navigate the process safely and confidently.
The table below is a practical planning tool for intended parents and surrogates. It summarizes general surrogacy status, pre-birth order availability, and key notes. Because courts, statutes, and local procedures can change, every journey should be reviewed by an attorney licensed in the birth state before signing contracts or starting embryo transfer.
Many intended parents begin with a simple question: “Where should we start?” The answer depends on more than location. We look at your family structure, whether you are using donor eggs or donor sperm, whether one or both intended parents have a genetic connection, whether you are married or unmarried, whether you live in the U.S. or abroad, and where the surrogate will give birth.
Our team can help coordinate:
Surrogate matching in legally practical states
Fertility clinic referrals and IVF planning
Medical screening and psychological evaluations
Independent legal counsel coordination
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Surrogacy is a medical journey before, during, and after the legal paperwork. A match should not be based only on availability. It should be based on medical readiness, pregnancy history, psychological screening, legal compatibility, insurance review and shared expectations.
Surrogacy4All is physician-led, FDA-registered, New York State licensed and built around coordinated care. Our role is to help reduce uncertainty by bringing the right professionals together. We do not replace your attorney, but we help make sure the legal process is not treated as an afterthought.
This matters because legal mistakes can create delays. Medical mistakes can create risk. Poor communication can create stress. Our goal is to keep every step organized, transparent and aligned with your family-building goals.
We start by discussing your family's goals, timeframe, budget, and medical background, as well as legal requirements for donors and donor needs. We will explain the process clearly to make sure you know the process before you match, during IVF, through pregnancy, and even after birth.
Prior to a match taking place, we help you identify legal issues that could influence your process. This includes birth state, the parentage order procedure, genetic connection, marital status, donor use, LGBTQ+ considerations, and the need for international documentation.
We help match intended parents with medically screened surrogates who are emotionally prepared, properly evaluated and aligned with the legal and medical needs of the journey.
A safe journey demands cautious screening. We coordinate medical assessments, review of reproductive history, as well as psychological assessments and requirements for clinics prior to embryo transfer.
Independent attorneys write and review the gestational carrier contract. Escrow helps to ensure financial transparency by ensuring that payments and reimbursements are dealt with properly. Egg donation is an emotional choice. We assist parents wishing to donate eggs with precise information to enable them to decide with confidence.
Following legal approval and approval from the court, the clinic can begin embryo transfer. Through the pregnancy, our team is there to help with the communication process, tracking milestones as well as reimbursements, appointments, and making plans. This level of coordination is especially important when intended parents live far away or need to manage the process across countries.
We assist in coordinating the timing of parental orders, hospital communications and delivery plans, birth certificate and post-birth documents.
For domestic parents, this may include final legal documents and newborn insurance steps. For international parents, this may also include passport, embassy, consular and travel documentation planning.
Surrogacy4All supports many types of families, including:
LGBTQ+ couples
Single intended parents
International intended parents
A comprehensive 50-state guide is high SEO and user benefit since parents seek out state-specific answers prior to making contact with an agency. They would like to know if the state they live in is supportive, if a pre-birth arrangement is feasible, and whether they should look into a different birth state. Through providing a complete review, Surrogacy4All can become a better resource for families who are researching surrogacy laws by state and in comparing legally approved options.
This page can also support internal linking to individual state pages, including California, New York, Texas, Florida, Georgia, Washington, Illinois, New Jersey, Colorado, Connecticut, Massachusetts, Nevada, Ohio, Pennsylvania, and Minnesota.
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.
Surrogacy laws can feel confusing, but you do not have to navigate them alone. At Surrogacy4All, we help intended parents and surrogates understand the medical, legal, emotional and financial steps before they commit to a journey.
Whether you are comparing birth states, exploring U.S. surrogacy as an international parent, or trying to understand whether your family structure is supported, our team is here to guide you.
Start your journey with a team that understands both the medical science and the legal planning behind safe, ethical surrogacy.
A: The surrogate’s state of residence controls, regardless of where the intended parents live.
A: In pre-birth-order states, yes, typically at delivery. In post-birth states, it follows a separate court step after birth.
A: No — Louisiana and Nebraska are the clearest exceptions, and Arizona/Indiana have contract-voiding statutes that courts don’t always follow in practice.
A: The same state-by-state analysis applies, plus separate immigration and citizenship steps depending on your home country — plan both tracks together with counsel.
A: In most states, yes, on the same terms as married couples. Louisiana is the main exception; a few states fall into a case-by-case category.
Ans. California, New York, Colorado, Illinois, Washington, Nevada, Connecticut, New Jersey, Delaware, Maine, New Hampshire, Rhode Island, Vermont, Oregon and DC.
Ans. Your surrogate’s state controls the contract and the parentage order; intended parents can live anywhere, including abroad.
Ans. A court order issued during pregnancy naming the intended parents as legal parents.
Ans. Yes, since February 2021 under the Child-Parent Security Act; programs must be licensed.
Ans. Yes. This table is reviewed each January and when a statute changes.
Ans. They are the rules, statutes, court practices, and parental procedures that determine how surrogacy works in each U.S. state. These rules can affect contracts, compensation, court orders, birth certificates, surrogate rights, and intended parent recognition.
Ans. Surrogacy is not governed by one single federal law in the United States. Each state creates its own rules or relies on court practice, which is why intended parents should get state-specific legal guidance before starting.
Ans. These are states in which gestational surrogacy is usually permitted and contracts are legally binding. The intended parents are usually able to obtain legal parentage easily, and pre-birth orders are usually accessible for families with different configurations.
Ans. In a number of states that are supportive of U.S. states, LGBTQ and intended parents are able to pursue surrogacy and be acknowledged as legally recognized parents. The process is contingent on the state of birth and marriage situation, the genetic link, and the procedure in court.
Ans. A pre-birth parentage order is a court order issued before delivery that recognizes the intended parent or parents as the child’s legal parents. It helps hospitals and vital records offices prepare birth certificate documentation.
Ans. A pre-birth parentage order is a court order issued before delivery that recognizes the intended parent or parents as the child’s legal parents. It helps hospitals and vital records offices prepare birth certificate documentation.
Ans. No. Some states allow broad pre-birth orders, some limit them to certain cases, some rely on post-birth orders and some require adoption or administrative steps.
Ans. The intended parents may need a post-birth parentage order, step-parent adoption, second-parent adoption, acknowledgment process or another legal pathway depending on the state.
Ans. Yes, many intended parents work with surrogates in another state. This is common when the surrogate’s birth state has a clearer or safer legal process.
Ans. Often, yes. The state where the surrogate gives birth can strongly affect parentage orders, hospital procedures, birth certificate processing and court filings.
Ans. No. Some states clearly allow compensation, some allow it with conditions, some restrict it and some make contracts unenforceable. Legal review is essential before any payments are agreed.
Ans. No. Traditional surrogacy, where the surrogate uses her own egg, is usually more legally complex and restricted. Gestational surrogacy is generally the safer and more common legal pathway.
Ans. Yes, many international parents choose U.S. surrogacy because certain states offer strong legal parentage pathways. They must also plan for citizenship, passports, consular documents and travel after birth.
Ans. Some states make parentage easier when at least one intended parent is genetically related to the child. Other states allow parentage even with donor eggs, donor sperm, or donor embryos.
Ans. Yes. Independent legal representation is strongly recommended and often required. Separate attorneys help protect informed consent, fairness and enforceability.
Ans. The gestational carrier agreement should be completed and legally cleared before embryo transfer. Starting treatment before legal clearance can create serious risk.
Ans. A properly drafted agreement clarifies intent, rights and responsibilities, but exact legal outcomes depend on state law. This is one reason parentage planning and independent counsel are essential.
Ans. They should review contract enforceability, pre-birth order availability, birth certificate process, eligibility rules, donor use, compensation rules, insurance and hospital procedures.
Ans. Yes, some states have changed recently. For example, updated frameworks in states such as Hawaii, Michigan, Massachusetts and Illinois affect how families should plan.
Ans. We help intended parents understand the current legal landscape, connect with experienced reproductive attorneys, coordinate medical and legal steps and build a safer plan from matching to birth.
Our job is to listen, to connect the dots between your needs, and to determine how we can best help you have your baby. If you’re asking how much does it cost for a surrogate, we’ll walk you through every step of the process to ensure there are no surprises.
To make an appointment with one of our counselors or physicians, please call (212) 661-7673 or email info@surrogacy4all.com. We look forward to hearing from you.
Surrogacy4All is a unique international surrogacy service targeted at providing state of the art IVF and surrogacy services to Intended Parents irrespective of age, sex or color, at the lowest possible cost in the world.
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