The US Surrogacy Law Map™ (original) (raw)

Surrogacy Laws: The Best States For Compensated Surrogacy

Click on any state on The US Surrogacy Law Map ™ for more information on surrogacy law in that state – as it is practiced, not just in theory.

© Creative Family Connections LLC 2010-2025

“Green Light” States

Surrogacy is permitted for all parents, without conditions. Pre-birth orders are granted throughout the state, and both parents will be named on the birth certificate.

CA, CO, CT, DC, DE, ID, ME, MA*, MI**, NH, NJ, NV, PA, VT, WA

* MA surrogacy is currently permitted by case law. The Massachusetts Parentage Act will permit it statewide effective January 1, 2025.
** MI surrogacy contracts are currently not allowed, but will be permitted when the new statute takes effect in spring of 2025.

Light-Green States

Surrogacy is permitted, but results may be dependent on various conditions (e.g., marriage, residency) or on venue. Parentage orders may be granted pre-birth or post-birth, depending on the state.

AL, AK, AR, FL, GA, HI, IL, IA, KS, KY, MD, MN, MO, MS, MT, NY*, NC, ND, NM, OH, OK, OR, RI*, SC, SD, TX, UT, WI, WV, WY

*The NY statute applies if one parent and the surrogate are NY residents. RI statute applies if one parent is a US resident. WY statute applies if both parents reside in WY.

Note: In some birth states, additional post-birth adoption procedures may be required to add the non-genetic parent to the birth certificate. If the adoption procedure is not available in the same state in which the baby is born to allow both parents to be named on the birth certificate, the state does not qualify as a light-green state.

“Yellow Light” States

Proceed with caution. Surrogacy is practiced, but there are potential legal hurdles; or results may be inconsistent.

Proceed with extreme caution. Surrogacy is practiced and courts issue parentage orders, but surrogacy contracts are void and unenforceable by statute.

“Red Light” States

STOP! Statute or published case law prohibits compensated surrogacy contracts, OR a birth certificate naming both parents cannot be obtained.

*Statute makes commercial surrogacy criminal in most cases.

State-By-State Surrogacy Law & Statutes

Surrogacy law, whether by statute or case law, is constantly evolving and changing. The laws are different from state-to-state, and sometimes even from county-to-county. We have compiled the first and leading US Surrogacy Law Map™ as actually practiced in the 50 states. We know from daily practice that the laws as written can differ dramatically from how the laws are actually practiced in a number of states. Therefore, it is critically important that you arm yourself with knowledge and obtain legal representation to navigate the legal challenges that exist.

Become a surrogate Become a parent Get listed as an attorney on The US Surrogacy Map™

In What States is Surrogacy Legal?

As an intended parent or someone interested in becoming a surrogate, it may come as a surprise that gestational surrogacy agreements are not legal in all 50 states. In the U.S., individual states have the power to determine the legality of surrogacy agreements and surrogate compensation.

These nuances become even more complicated due to the ever-changing nature of these laws. Currently, states where compensated surrogacy is illegal include:

Louisiana

What if I Live in a State Where Surrogacy is Illegal?

If you are an intended parent and live in a state where surrogacy is banned, know that you have options. A vast majority of intended parents who live in states where compensated surrogacy is illegal choose to work with surrogates from other surrogacy-friendly states. If you are a surrogate candidate, you may be able to do an uncompensated journey if you live in Louisiana, but not a compensated one.

Do I need Help from a Reproductive Lawyer?

Yes. Enlisting the help of a reproductive lawyer is extremely important. Intended parents often turn to surrogacy attorneys for help navigating the gestational surrogacy journey, including how to approach surrogacy legality in all 50 states, and obtaining parentage rights by a court parentage order.

A surrogacy law team like the one at Creative Family Connections can:

Prepare and negotiate a surrogacy contract; if you are the surrogate, your attorney will review the agreement with you and negotiate terms on your behalf.
Provide detailed guidance throughout every step of the surrogacy process, consistent with legal and ethical parameters. As the delivery approaches, the intended parents’ lawyer will prepare a power of attorney between the surrogate and the intended parents so that all goes smoothly at the hospital. In addition, the attorney will negotiate a comprehensive birth plan with the hospital for the surrogacy delivery
Help you obtain essential parentage orders and parentage documents

The US Surrogacy Law Map™ Copyright Notice and Disclaimer

The US Surrogacy Law Map™ and each of its state law descriptions (collectively, “The US Surrogacy Law Map”) is a 2010 copyrighted document, current through the current year. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”). You may not copy, reproduce, recreate, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any content contained on this Website, including, but not limited to, The US Surrogacy Law Map™, in any manner and in any medium. The information contained in The US Surrogacy Law Map™ is for informational purposes only and may not be used for any commercial purposes.

CFC may grant, in its sole and absolute discretion, a limited license to certain approved individuals and/or entities to use The US Surrogacy Law Map™ for presentations. Any requests for a license shall be provided to CFC by email in advance of any presentations. No license is granted until such time as CFC provides you with written approval of the right to use The US Surrogacy Law Map™, after you have signed CFC’s written release. You may not alter or remove any copyright or other notice from your licensed use of The US Surrogacy Law Map™. You further agree not to use The US Surrogacy Law Map™ for any unlawful purpose.

Notwithstanding the foregoing, you may include a hyperlink to The US Surrogacy Law Map™ without advance request. Except as otherwise provided herein, no other use of The US Surrogacy Law Map™ is permitted. Any use of data mining, data gathering, or extraction tools or processes in connection with The US Surrogacy Law Map™, or any reproduction or presentation of The US Surrogacy Law Map™ or its content, is strictly prohibited.

The US Surrogacy Law Map™ does not constitute legal advice and should not be construed as such, and CFC is not giving legal advice through The US Surrogacy Law Map™. The information contained in The US Surrogacy Law Map™ is strictly for informational purposes only and is not a substitute for obtaining individual, professional legal advice. The use of The US Surrogacy Law Map™ does not create any attorney-client relationship between CFC and users of the Website.

CFC tries to ensure that content on The US Surrogacy Law Map™ is accurate, up-to-date, and obtained from reliable sources, but CFC does not represent or warrant the content to be error-free. CFC does not endorse any of the attorneys listed. Nor does CFC represent that favorable results obtained in prior cases will be obtained in future cases. You accept and agree that your use of The US Surrogacy Law Map™ and any information therein is strictly at your own risk.

Contact Creative Family Connections Today

If you have any questions about US surrogacy law and how our agency and legal team can help you, reach out today. Our team is committed to helping you navigate surrogacy legally and ethically so you can focus on becoming a surrogate “mother” or growing your family.