Surrogacy Laws
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U.S. laws governing surrogacy agreements and Gestational Carrier compensation vary by state and individual, depending on sexual orientation and marital status. For this reason, it is crucial that all Intended Parents and Gestational Carriers arrange qualified legal representation to protect their rights during the gestational surrogacy process.
There are two key steps in the legal process: execution of the surrogacy agreement between the Intended Parent(s) and the Surrogate Mother, and filing the Declaration of Parentage to have the Intended Parent(s) listed on the birth certificate. As an Intended Parent your state of residency will not prohibit you from surrogacy, however where your gestational carrier resides and state surrogacy laws will. The Surrogacy Experience can provide you with referrals to respected Reproductive Attorneys. Legal counsel should be retained early in the process to develop a thorough understanding of your specific circumstances. |
U.S. Surrogacy Law By State
The following interactive map provides a summary of U.S. gestational surrogacy laws by state. It is meant as a guideline only for your reference and you should consult with a Reproductive Attorney about your specific circumstance .
Gestational Surrogacy in the United States
In every case where gestational surrogacy is permitted but there is neither a statute nor a ruling from the state’s highest court governing the process, the question of birth orders will be determined on a county by county and even on a judge by judge basis. Having legal representation specific to the state is highly recommended.
Alabama
The courts are generally favorable. However, statutory language exempts surrogacy from adoption laws and prohibitions on baby selling. Unmarried couples may not get a pre-birth order unless common-law is acknowledged.
Alaska
There is no law governing surrogacy. The courts generally are favorable. In 1989, the Alaska Supreme Court equated surrogacy with adoption but since pre-birth orders have been granted to married heterosexual couples using their own egg/sperm.
Arizona
An Arizona statute forbids “surrogate parent contracts”. However, gestational surrogacy does still occur. Intended Parents can petition Arizona courts for a pre-birth order, but speaking to an attorney prior to matching with a GC is necessary.
Arkansas
Arkansas law is highly favorable to surrogacy. There is a statute declaring surrogacy agreements valid. The statute details several types of parentage situations but is more favorable for married couples using their own egg/sperm or a single parent. More than once, the Arkansas Supreme Court has ruled in favor of intended parents.
California
California law, as established in rulings of the California Supreme Court, is very favorable to surrogacy. In the notable cases of Calvert v. Johnson (1993) and Buzzanca v. Buzzanca (1998), California first established and then reinforced its position that intent governs in the determination of parentage in gestational surrogacy situations.
Colorado
House Bill 21-1022 was signed into law on May 06, 2021. Intended Parents can be single or married and of any sexual orientation or gender identity. Intended Parents are not required to be genetically related to their child to receive recognition and protection as a parent.
Connecticut
There is no legal objection to surrogacy arrangements. With regard to pre-birth orders, the Connecticut Supreme Court has ruled that the State Office of Vital Statistics of the Connecticut Department of Health must comply with such orders even when the intended parents have no biological relationship to the child(ren).
Delaware
A 2013 law permits surrogacy (gestational) and details the process. Parentage filings are pre-birth with the final decree issued post-birth.
District of Columbia
On April 7, 2017, DC's new surrogacy statute took effect. This bill legalizes compensated gestational carrier arrangements in the District of Columbia and clarifies parentage for intended children from gestational surrogacy and from donor egg, sperm, and embryo.
Florida
Florida statutes permit both traditional and gestational surrogacy. Gestational surrogacy agreements are permitted only between legally married couples and only after the baby is born.
Georgia
There is no law governing surrogacy and the courts are generally favorable to all different types of parents.
Hawaii
There is no law governing surrogacy but the courts are generally favorable for those using their own egg/sperm. Pre-birth orders are not issued and the final decree issued post-birth.
Idaho
There is no law governing surrogacy but the courts are generally favorable. Only post-birth parentage orders will be granted and for those using their own egg/sperm.
Illinois
Illinois has a statute highly favorable to gestational surrogacy which governs the process from contract formation to the issuance of birth certificates. It applies to single parents who have furnished their own gametes or heterosexual couples where at least one person has furnished his or her own gametes.
Indiana
Under Indiana law, surrogacy contracts are “void and unenforceable.” Nevertheless, Pre-Birth Parentage Orders are still being granted primarily when a married couple uses their own egg and sperm for the embryo creation, as well as for married same-sex couples.
Iowa
The courts are generally favorable. Although Iowa has no surrogacy statute, the Iowa Code exempts a “surrogate mother arrangement” from criminal provisions regarding the sale or purchase of human beings.
Kansas
There is no law governing surrogacy but pre-birth orders are regularly granted if parent(s) are using their own egg/sperm.
Kentucky
There is no law governing surrogacy. Pre-birth orders will vary by court venue and are more favorable to married couples.
Louisiana
In 2016 a bill was passed in regards to gestational surrogacy and is restricted to married heterosexual couples using their own egg/sperm. However, the complexity and restrictions of this bill are still concerning.
Maine
The Maine Parentage Act went into effect in 2016 which allows for pre-birth orders so long as requirements of statute are met.
Maryland
There is no law governing surrogacy but the courts are generally favorable and will allow for a pre-birth order.
Massachusetts
There is no law governing surrogacy but the courts are generally favorable and will allow for a pre-birth order.
Michigan
Michigan introduced The Assisted Reproduction And Surrogacy Parentage Act, House Bill NO. 5207 as of March 19, 2024. This allows for the use of assisted reproduction, including surrogacy. The bill will not go into effect until March or April of 2025 after the legislative session ends.
Minnesota
There is no law governing surrogacy but the courts are generally favorable.
Mississippi
There is no law governing surrogacy but the courts are generally favorable. Court venue will dictate whether a pre or post-birth order will be granted.
Missouri
There is no law governing surrogacy but the courts generally only issue post-birth declarations. There are cases where a preliminary hearing takes place pre-birth so the parentage order can be signed soon after delivery.
Montana
There is no law governing surrogacy, nor many published case law to reference.
Nebraska
Under Nebraska law a compensated surrogate parenthood contract is void and unenforceable. There are circumstances where surrogacy occurs, but specific circumstances must be met. Speak to a reproductive attorney first.
Nevada
Gestational surrogacy agreements are permitted and generally pre-birth orders do not require a court appearance.
New Hampshire
New Hampshire law does not restrict who can become an intended parent through gestational surrogacy. The law does set minimum standards for gestational carriers, including that they must be over 21 and have previously given birth. The law also specifies a number of specific requirements that must be completed before the gestational carrier becomes pregnant. Pre-birth orders are granted throughout the state.
New Jersey
May 2018 - New Jersey Governor Murphy signed Law the New Jersey Gestational Carrier Agreement Act into (A-1704), which secures both the rights and responsibilities of Intended Parents and Gestational Carriers.
New Mexico
State statute on gestational surrogacy agreements does not state they are permitted nor prohibited. However, pre-birth orders are typically granted.
New York
On April 2, 2020, New York lawmakers passed The Child Parent Security Act (CPSA) and contains a Surrogates Bill of Rights. It allows for compensated surrogacy arrangements and provides a Pre-Birth Order which confirms the legal parentage of the intended parents at the moment of the child's birth. It is important to note that he bill is scheduled to take effect February 15, 2021.
North Carolina
There is no law governing surrogacy but the courts are generally favorable. Court venue will dictate whether a pre or post-birth order will be granted.
North Dakota
Statute permits gestational surrogacy and pre-birth orders can be granted and generally without a court appearance.
Ohio
Published case law supports compensated gestational surrogacy arrangements. Court venue will dictate whether a pre or post-birth order will be granted and if a court appearance is required.
Oklahoma
There is no law governing surrogacy but the courts are generally favorable. Post-birth orders are widely done.
Oregon
In May 2019 the Oklahoma Gestational Agreement Act validated Compensated Gestational Carrier contracts and allows for pre-birth orders (some conditions apply).
Pennsylvania
Pennsylvania has no law governing surrogacy. Some more conservative judges will not grant pre-birth orders. The Pennsylvania adoption statute provides for the post-birth adoption of a child born through surrogacy in the county of the intended parents’ domicile. Court venue will dictate results.
Rhode Island
There is no law governing surrogacy but all petitions are heard by the Chief Judge of Family Court in Providence which provides consistency.
South Carolina
There is no law governing surrogacy but the courts are generally favorable. Court venue will dictate whether a pre or post-birth order will be granted.
South Dakota
There is no law governing surrogacy but the courts are generally favorable and generally issue a pre-birth order.
Tennessee
Tennessee has a statute that “expressly authorize(s) the surrogate birth process.” It defines surrogacy as comprising two situations: 1) gestational surrogacy where both intended parents furnish the gametes and 2) gestational surrogacy where the intended father furnishes the sperm and the surrogate relinquishes the child to him and his wife.
Texas
Texas permits surrogacy but has a statute requiring judicial approval of contracts in advance. The provisions also only allow for married couples. Court venue will dictate if both parties have to appear in court.
Utah
Utah permits surrogacy but has a statute requiring judicial approval of contracts in advance and will only validate the order post-birth. The provisions also only allow for married couples. Court venue will dictate if both parties have to appear in court.
Vermont
There is no law governing surrogacy but the courts are generally favorable but only allow for a post-birth order.
Virginia
Virginia permits surrogacy but has a statute so complicated that the common practice for Virginia births is to file an action post-birth for amendment of the birth certificate.
Washington
Washington statutes permit uncompensated surrogacy arrangements and new legislation, effective January 1, 2019 decriminalizes commercial surrogacy.
West Virginia
The courts are generally favorable to married couples and will issue a pre-birth order after hearing with all parties.
Wisconsin
Pre-birth orders can be issued however a final order must be issued after the baby is born. Courts are more favorable to married couples and a court appearance is most common.
Wyoming
HB0073 - Birth Certificates-gestational agreements was passed and signed into law on April 5, 2021. The law requires that the intended parents be a resident of Wyoming for a minimum of 12 months preceding the dates of the gestational agreement, and defines intended parents as the "mother and father" of the child.
Alabama
The courts are generally favorable. However, statutory language exempts surrogacy from adoption laws and prohibitions on baby selling. Unmarried couples may not get a pre-birth order unless common-law is acknowledged.
Alaska
There is no law governing surrogacy. The courts generally are favorable. In 1989, the Alaska Supreme Court equated surrogacy with adoption but since pre-birth orders have been granted to married heterosexual couples using their own egg/sperm.
Arizona
An Arizona statute forbids “surrogate parent contracts”. However, gestational surrogacy does still occur. Intended Parents can petition Arizona courts for a pre-birth order, but speaking to an attorney prior to matching with a GC is necessary.
Arkansas
Arkansas law is highly favorable to surrogacy. There is a statute declaring surrogacy agreements valid. The statute details several types of parentage situations but is more favorable for married couples using their own egg/sperm or a single parent. More than once, the Arkansas Supreme Court has ruled in favor of intended parents.
California
California law, as established in rulings of the California Supreme Court, is very favorable to surrogacy. In the notable cases of Calvert v. Johnson (1993) and Buzzanca v. Buzzanca (1998), California first established and then reinforced its position that intent governs in the determination of parentage in gestational surrogacy situations.
Colorado
House Bill 21-1022 was signed into law on May 06, 2021. Intended Parents can be single or married and of any sexual orientation or gender identity. Intended Parents are not required to be genetically related to their child to receive recognition and protection as a parent.
Connecticut
There is no legal objection to surrogacy arrangements. With regard to pre-birth orders, the Connecticut Supreme Court has ruled that the State Office of Vital Statistics of the Connecticut Department of Health must comply with such orders even when the intended parents have no biological relationship to the child(ren).
Delaware
A 2013 law permits surrogacy (gestational) and details the process. Parentage filings are pre-birth with the final decree issued post-birth.
District of Columbia
On April 7, 2017, DC's new surrogacy statute took effect. This bill legalizes compensated gestational carrier arrangements in the District of Columbia and clarifies parentage for intended children from gestational surrogacy and from donor egg, sperm, and embryo.
Florida
Florida statutes permit both traditional and gestational surrogacy. Gestational surrogacy agreements are permitted only between legally married couples and only after the baby is born.
Georgia
There is no law governing surrogacy and the courts are generally favorable to all different types of parents.
Hawaii
There is no law governing surrogacy but the courts are generally favorable for those using their own egg/sperm. Pre-birth orders are not issued and the final decree issued post-birth.
Idaho
There is no law governing surrogacy but the courts are generally favorable. Only post-birth parentage orders will be granted and for those using their own egg/sperm.
Illinois
Illinois has a statute highly favorable to gestational surrogacy which governs the process from contract formation to the issuance of birth certificates. It applies to single parents who have furnished their own gametes or heterosexual couples where at least one person has furnished his or her own gametes.
Indiana
Under Indiana law, surrogacy contracts are “void and unenforceable.” Nevertheless, Pre-Birth Parentage Orders are still being granted primarily when a married couple uses their own egg and sperm for the embryo creation, as well as for married same-sex couples.
Iowa
The courts are generally favorable. Although Iowa has no surrogacy statute, the Iowa Code exempts a “surrogate mother arrangement” from criminal provisions regarding the sale or purchase of human beings.
Kansas
There is no law governing surrogacy but pre-birth orders are regularly granted if parent(s) are using their own egg/sperm.
Kentucky
There is no law governing surrogacy. Pre-birth orders will vary by court venue and are more favorable to married couples.
Louisiana
In 2016 a bill was passed in regards to gestational surrogacy and is restricted to married heterosexual couples using their own egg/sperm. However, the complexity and restrictions of this bill are still concerning.
Maine
The Maine Parentage Act went into effect in 2016 which allows for pre-birth orders so long as requirements of statute are met.
Maryland
There is no law governing surrogacy but the courts are generally favorable and will allow for a pre-birth order.
Massachusetts
There is no law governing surrogacy but the courts are generally favorable and will allow for a pre-birth order.
Michigan
Michigan introduced The Assisted Reproduction And Surrogacy Parentage Act, House Bill NO. 5207 as of March 19, 2024. This allows for the use of assisted reproduction, including surrogacy. The bill will not go into effect until March or April of 2025 after the legislative session ends.
Minnesota
There is no law governing surrogacy but the courts are generally favorable.
Mississippi
There is no law governing surrogacy but the courts are generally favorable. Court venue will dictate whether a pre or post-birth order will be granted.
Missouri
There is no law governing surrogacy but the courts generally only issue post-birth declarations. There are cases where a preliminary hearing takes place pre-birth so the parentage order can be signed soon after delivery.
Montana
There is no law governing surrogacy, nor many published case law to reference.
Nebraska
Under Nebraska law a compensated surrogate parenthood contract is void and unenforceable. There are circumstances where surrogacy occurs, but specific circumstances must be met. Speak to a reproductive attorney first.
Nevada
Gestational surrogacy agreements are permitted and generally pre-birth orders do not require a court appearance.
New Hampshire
New Hampshire law does not restrict who can become an intended parent through gestational surrogacy. The law does set minimum standards for gestational carriers, including that they must be over 21 and have previously given birth. The law also specifies a number of specific requirements that must be completed before the gestational carrier becomes pregnant. Pre-birth orders are granted throughout the state.
New Jersey
May 2018 - New Jersey Governor Murphy signed Law the New Jersey Gestational Carrier Agreement Act into (A-1704), which secures both the rights and responsibilities of Intended Parents and Gestational Carriers.
New Mexico
State statute on gestational surrogacy agreements does not state they are permitted nor prohibited. However, pre-birth orders are typically granted.
New York
On April 2, 2020, New York lawmakers passed The Child Parent Security Act (CPSA) and contains a Surrogates Bill of Rights. It allows for compensated surrogacy arrangements and provides a Pre-Birth Order which confirms the legal parentage of the intended parents at the moment of the child's birth. It is important to note that he bill is scheduled to take effect February 15, 2021.
North Carolina
There is no law governing surrogacy but the courts are generally favorable. Court venue will dictate whether a pre or post-birth order will be granted.
North Dakota
Statute permits gestational surrogacy and pre-birth orders can be granted and generally without a court appearance.
Ohio
Published case law supports compensated gestational surrogacy arrangements. Court venue will dictate whether a pre or post-birth order will be granted and if a court appearance is required.
Oklahoma
There is no law governing surrogacy but the courts are generally favorable. Post-birth orders are widely done.
Oregon
In May 2019 the Oklahoma Gestational Agreement Act validated Compensated Gestational Carrier contracts and allows for pre-birth orders (some conditions apply).
Pennsylvania
Pennsylvania has no law governing surrogacy. Some more conservative judges will not grant pre-birth orders. The Pennsylvania adoption statute provides for the post-birth adoption of a child born through surrogacy in the county of the intended parents’ domicile. Court venue will dictate results.
Rhode Island
There is no law governing surrogacy but all petitions are heard by the Chief Judge of Family Court in Providence which provides consistency.
South Carolina
There is no law governing surrogacy but the courts are generally favorable. Court venue will dictate whether a pre or post-birth order will be granted.
South Dakota
There is no law governing surrogacy but the courts are generally favorable and generally issue a pre-birth order.
Tennessee
Tennessee has a statute that “expressly authorize(s) the surrogate birth process.” It defines surrogacy as comprising two situations: 1) gestational surrogacy where both intended parents furnish the gametes and 2) gestational surrogacy where the intended father furnishes the sperm and the surrogate relinquishes the child to him and his wife.
Texas
Texas permits surrogacy but has a statute requiring judicial approval of contracts in advance. The provisions also only allow for married couples. Court venue will dictate if both parties have to appear in court.
Utah
Utah permits surrogacy but has a statute requiring judicial approval of contracts in advance and will only validate the order post-birth. The provisions also only allow for married couples. Court venue will dictate if both parties have to appear in court.
Vermont
There is no law governing surrogacy but the courts are generally favorable but only allow for a post-birth order.
Virginia
Virginia permits surrogacy but has a statute so complicated that the common practice for Virginia births is to file an action post-birth for amendment of the birth certificate.
Washington
Washington statutes permit uncompensated surrogacy arrangements and new legislation, effective January 1, 2019 decriminalizes commercial surrogacy.
West Virginia
The courts are generally favorable to married couples and will issue a pre-birth order after hearing with all parties.
Wisconsin
Pre-birth orders can be issued however a final order must be issued after the baby is born. Courts are more favorable to married couples and a court appearance is most common.
Wyoming
HB0073 - Birth Certificates-gestational agreements was passed and signed into law on April 5, 2021. The law requires that the intended parents be a resident of Wyoming for a minimum of 12 months preceding the dates of the gestational agreement, and defines intended parents as the "mother and father" of the child.