Surrogacy by State
Complete guide to surrogacy in every U.S. state. Laws, requirements, compensation, and process.
Alabama
No specific surrogacy statutes; courts handle on case-by-case basis
Alaska
No surrogacy statutes; no appellate case law
Arizona
Surrogacy contracts prohibited by ARS 25-218, but gestational surrogacy practiced under 1994 case law (Soos v. Superior Court); recognizes out-of-state court orders
Arkansas
Surrogacy permitted; intended parents presumed legal parents if married
California
Surrogacy-friendly with comprehensive statutes
Colorado
No surrogacy statutes; generally permissive court environment
Connecticut
Surrogacy-friendly with comprehensive 2021 statute
Delaware
Surrogacy-friendly under 2013 Gestational Carrier Act
District of Columbia
Surrogacy-friendly since 2017 legalization
Florida
Surrogacy-friendly with established statutory framework
Georgia
No surrogacy statutes; practice occurs but legal status unclear
Hawaii
No surrogacy statutes; limited case law
Idaho
No surrogacy statutes; uncertain legal environment
Illinois
Surrogacy-friendly with comprehensive Gestational Surrogacy Act
Indiana
Surrogacy contracts considered void against public policy; restrictive
Iowa
No surrogacy statutes; limited court precedent
Kansas
No surrogacy statutes; practice occurs without legal framework
Kentucky
No surrogacy statutes; unclear legal status
Louisiana
Restrictive; only altruistic gestational surrogacy for married heterosexual couples
Maine
Surrogacy-friendly under 2016 Maine Parentage Act
Maryland
Surrogacy-friendly; permitted by case law and practice
Massachusetts
Surrogacy-friendly under the Massachusetts Parentage Act (effective January 1, 2025)
Michigan
Surrogacy-friendly since April 2025 under the Michigan Family Protection Act
Minnesota
No surrogacy statutes; practice occurs but legal uncertainty exists
Mississippi
No specific surrogacy statutes; gestational surrogacy practiced without statutory prohibition
Missouri
No surrogacy statutes; uncertain legal environment
Montana
No surrogacy statutes; very limited case law
Nebraska
Restrictive; compensated surrogacy contracts void and unenforceable under R.R.S. 25-21,200
Nevada
Surrogacy-friendly with comprehensive 2013 statute
New Hampshire
Surrogacy-friendly with statutory framework
New Jersey
Surrogacy-friendly under 2018 New Jersey Gestational Carrier Agreement Act
New Mexico
No surrogacy statutes; neutral legal environment
New York
Surrogacy-friendly under the Child-Parent Security Act (CPSA, effective 2021) with Surrogates Bill of Rights
North Carolina
No surrogacy statutes; practice occurs in legal gray area
North Dakota
No surrogacy statutes; very limited activity
Ohio
No surrogacy statutes; courts have handled surrogacy cases
Oklahoma
No surrogacy statutes; limited legal clarity
Oregon
Surrogacy-friendly; permitted by case law and well-established practice
Pennsylvania
Surrogacy-friendly; permitted by practice and supportive courts
Rhode Island
Surrogacy-friendly with statutory framework
South Carolina
No surrogacy statutes; uncertain legal environment
South Dakota
No surrogacy statutes; very limited activity
Tennessee
No surrogacy statutes; uncertain legal status
Texas
Surrogacy-friendly with statutory framework under Texas Family Code
Utah
Surrogacy-friendly under Utah Uniform Parentage Act
Vermont
Surrogacy-friendly under 2018 Vermont Parentage Act
Virginia
Surrogacy regulated by statute with strict requirements
Washington
Surrogacy-friendly under 2018 Uniform Parentage Act
West Virginia
No surrogacy statutes; uncertain legal environment
Wisconsin
Surrogacy-friendly; gestational surrogacy supported by case law
Wyoming
No surrogacy statutes; very limited activity