States guide map

The regulation regarding surrogacy, whether by statute or jurisprudence, is constantly evolving.

In the United States, laws differ from state to state and sometimes even vary from county to county.

This map is being updated, so it does not constitute legal advice and should not be relied upon as such. The information contained herein is for informational purposes only.

To obtain more information about the individual states, open the corresponding page by clicking on the map or contact us: [email protected]

surrogacy legal states
CaliforniaNevadaColoradoWashingtonPennsylvaniaMaineMaineVermontNew HampshireConnecticutNew JerseyDelawareVermontNew HampshireMassachussetsConnecticutRhode IslandMarylandNew JerseyDelawareDistrict of ColumbiaOregonIdahoUtahArizonaMontanaWyomingNew MexicoNorth DakotaSouth DakotaNebraskaKansasOklahomaTexasIowaMississippiMinnesotaMissouriArkansasAlabamaLouisianaFloridaWisconsinIllinoisMichiganIndianaKentuckyTennesseeNew YorkOhioWest VirginiaMarylandGeorgiaSouth CarolinaMassachusettsRhode IslandNorth CarolinaVirginiaAlaskaHawaii

California

Surrogacy is allowed even in the case of international parents, i.e., non-U.S. citizens.

Parentage is granted with a Pre-birth Parentage Order that becomes valid at the birth of the child, according to California Family Code Section 7633

Both intended parents, even in the absence of genetic material, are declared the legal parents of the child and are granted birth certificates bearing their names

In caso di coppie omogenitoriali, si applicherà la stessa disciplina.

Go to Surrogacy in California page

Nevada

La pratica è consentita anche in caso di genitori internazionali, ovvero cittadini non americani e filiazione viene dichiarata con Pre-birth Parentage Order

Both intended parents, even in the absence of genetic material, are declared the legal parents of the child and are granted birth certificates bearing their names

In caso di coppie omogenitoriali (anche internazionali), si applicherà la stessa disciplina

Colorado

Washington

As of 2019, new legislation is in effect which provides legal protection for gestational surrogate agreements. The new parentage statute is RCW 26.26A

Pre-birth Parentage Order is now granted but enforceability remains suspended until the birth of the child

Both intended parents, even in the absence of genetic material, are declared the legal parents of the child and are granted birth certificates bearing their names

In the case of homosexual couples (including international ones), the same rules are presumed to apply (concrete jurisprudence on this is currently lacking)

Pennsylvania

Maine

Maine

Vermont

New Hampshire

Connecticut

New Jersey

Delaware

Vermont

New Hampshire

Massachussets

Connecticut

Rhode Island

Maryland

New Jersey

Delaware

District of Columbia

The practice is allowed and parentage is declared with Pre-birth Parentage Order

In the absence of genetic material, it is up to the court whether or not to grant parentage with the Parentage Order

Both intended parents are declared legal parents of the child and obtain birth certificates bearing their names

In the case of homosexual couples (including international ones), the same protocol applies but caution must be exercised

Oregon

The practice is allowed and parentage is declared with Pre-birth Parentage Order

In the absence of genetic material, it is up to the court whether or not to grant parentage with the Parentage Order

Both intended parents are declared legal parents of the child and obtain birth certificates bearing their names

In the case of homosexual couples (including international ones), the same protocol applies but caution must be exercised

Idaho

Utah

Arizona

Montana

Wyoming

New Mexico

North Dakota

South Dakota

Nebraska

Kansas

Oklahoma

Texas

Iowa

Mississippi

Minnesota

Missouri

Arkansas

Alabama

Louisiana

Florida

Gestational Surrogacy is regulated by statute (Ch.742.15 FL Stat.).

The different phases leading to parentage vary depending on whether the intended parents are a married couple (same-sex or heterosexual), single, or are genetically related to the child.

Unlike other states, under certain conditions both pre-birth and post-birth parentage orders can be requested from the intended parents.

Florida also allows traditional surrogacy, where gestation is carried out by the surrogate mother who shares a genetic connection with the child.

Go to Surrogacy in Florida page

Wisconsin

Illinois

Michigan

Indiana

Kentucky

Tennessee

New York

Ohio

West Virginia

Maryland

Georgia

South Carolina

Massachusetts

Rhode Island

North Carolina

Virginia

Alaska

Hawaii

Pre-Birth Order or Post-Birth Order states

In these states, which are considered more favorable than others, surrogacy is allowed and provides for the legal parentage before the birth of the child

Pre-Birth Order or Post-Birth Order states

In these states, surrogacy is permitted and legale parentage can occur either before or after the birth of the child

Surrogacy allowed with restrictions

The procedure may be carried out with restrictions and conditions that could jeopardize a successful outcome

Surrogacy allowed without guarantees

Surrogacy is practiced and the courts issue parenting orders, but the surrogacy contracts are void and unenforceable by law

Surrogacy prohibited

Commercial surrogacy is either expressly prohibited by law or does not allow the issuance of a birth certificate with the intended parents’ names

In which state is surrogacy legal?

As an intended parent, it might surprise you to know that surrogacy arrangements are not legal in any of the 50 states. In fact, in the United States, individual states have the power to determine the legality of such arrangements aa well as the surrogate mother's compensation. This peculiarity becomes even more relevant, due to the nature of ever-changing laws, to the degree that it affects the outcome of the program.
Currently, the states where commercial surrogacy is illegal are Nebraska, Louisiana, and Michigan

surrogacy friendly states