Is Surrogacy Legal in My State? A U.S. State-by-State Guide

By Dr. Kulsoom Baloch

Learn more about Dr. Baloch

Introduction

If you’re considering surrogacy in the U.S., it’s essential to understand the legal landscape. Surrogacy laws are not set at the federal level—instead, they vary by state. Some states are highly surrogacy-friendly, while others impose restrictions or outright bans. This guide breaks down surrogacy legality state by state.

Surrogacy-Friendly States (Gestational Surrogacy Permitted and Protected)

These states have clear laws supporting gestational surrogacy and enforceable pre-birth orders:

• California
• Illinois
• New Jersey
• Connecticut
• Washington D.C.
• Nevada
• Washington State
• Colorado
• Oregon

States with Permitted but Regulated Surrogacy

These states allow gestational surrogacy under certain conditions or with judicial oversight:

• New York (legal as of 2021 with strict regulations)
• Texas
• Florida
• Maryland
• Delaware
• Georgia
• Rhode Island
• Pennsylvania

States with Legal Ambiguity or Limited Protections

In these states, surrogacy is neither explicitly prohibited nor clearly protected. Courts may or may not grant parentage rights easily:

• North Carolina
• South Carolina
• Ohio
• Indiana
• Alaska
• Arizona (unenforced ban)
• Michigan (criminal penalties for paid surrogacy)

States with Restrictions or Prohibitions

Some states limit or ban compensated surrogacy, or allow it only under strict circumstances:

• Michigan: Compensated surrogacy was a felony. Laws just changed receently
• Louisiana: Allows surrogacy only for married heterosexual couples using their own gametes
• Nebraska: Contracts are void and unenforceable

For more details go to: https://www.surrogacy4all.com/surrogacy-laws-by-state- comprehensive-guide/

Why It Matters Where the Surrogate Lives

The surrogate’s home state governs most of the legal process, including:

• Contract enforceability
• Parental rights
• Pre-birth or post-birth orders

This is why Surrogacy4All matches intended parents only with surrogates in surrogacy- friendly states.

How Surrogacy4All Ensures Legal Compliance

We work with licensed attorneys in every state to:

• Draft enforceable surrogacy contracts
• Secure pre-birth or post-birth parentage orders
• Advise on best states for surrogacy if relocation is needed

Conclusion

Surrogacy laws vary dramatically across the U.S. Knowing your state’s position is crucial to starting your journey. Surrogacy4All helps intended parents and surrogates navigate these laws with confidence and legal support.