The answer to the question “Is surrogacy legal” is somewhat complex because there is no federal law regulating surrogacy. That means that you’ll need to reference your state’s law to evaluate whether it is a smart move for your family.
State surrogacy laws outline regulations both for intended parents and surrogates. So whether you’re contemplating being a surrogate to help a family out or exploring your options for welcoming a baby, read up on laws in your state to learn more about the legalities and what to watch out for.
Surrogacy Laws by State
Surrogacy state laws fall into three main categories: friendly, unfriendly and allowable but with specific restrictions. Learn how your state governs surrogacy. Here’s your complete list of Surrogacy laws.
Alabama
Allowable under Section 26-17-801 of the Alabama Code with limitations.
Alaska
Allowable, though there are no state laws or statutes protecting or prohibiting gestational surrogacy.
Arizona
Unfriendly. Arizona Revised Statute § 25-218 prohibits surrogacy, though there is case law allowing intended parents to challenge the gestational carrier as the legal parent. Proceed with caution as the case law mostly surrounds married couples who both share genetic connections to the child.
Arkansas
Allowable but with stipulations concerning genetic connections to the child and whether the couple is married. In the case of only one parent sharing genetics, the other intended parent must complete a second-parent adoption to ensure legal parental rights.
California
Friendly, with enforceable gestational surrogacy agreements and pre-birth orders. The state is seen as a highly friendly state for those seeking to be a surrogate or work with one. Laws protect both heterosexual couples and same-sex couples.
Colorado
Friendly, with clearly defined laws in Colorado Revised Statutes §19-4.5-101 et. seq. You can seek pre-birth parentage orders regardless of your genetic connection to the child. Single parents and same-sex couples get the same rights as married and heterosexual couples.
Connecticut
Friendly, with laws protecting intended parents under the Connecticut Parentage Act Section 46b-450 et. Seq.
Delaware
Friendly, with express laws protecting surrogacy rights under Delaware Code § 8-801-810. The law allows for pre-birth parentage orders regardless of marital status or genetic relation to the child.
District of Columbia
Friendly, under Code of the District of Columbia, Chapter 4, Section 16 – 401-412, which expressly permits all surrogacy types. The statute does outline that the birth must occur in D.C. or one of the parties must reside in the jurisdiction for the statute to apply.
Florida
Allowable, but only for married couples that show they are not able to gestate a baby on their own. The baby also must share genetics with one parent. While there are some legal options for unmarried, single or non-genetic parents, the path to surrogacy is more complex in Florida for these individuals.
Georgia
Allowable, though there are no laws or statutes governing surrogacy. Most court cases in Georgia have upheld pre-birth parentage orders, including when the parents are not married, in the case of same-sex parents or parents who share no genetic relationship with the child.
Hawaii
Allowable, though the state has no laws or statutes protecting surrogacy rights. The best protections are for parents who share genetics with the child while those that do not will need to complete a post-birth adoption.
Idaho
Friendly, under Idaho Code 7-1601 et seq. The law provides for gestational agreements regardless of genetics or marriage.
Illinois
Friendly, as long as the intended parents and gestational carrier have a valid surrogacy contract. One intended parent must also share genetics with the child for swift parental rights, but there are still protections for parents with no genetics. Same-sex couples have the same rights as heterosexual couples.
Indiana
Unfriendly, as Indiana Code 31-20-1-1 makes gestational surrogacy contracts unenforceable. The state’s courts have permitted pre-birth orders, but generally only when the parent shares genetics with the child.
Iowa
Allowable under Iowa Code section 710.11, though non-genetic intended parents will need to complete the post-birth adoption process. Intended parents also need pre and post-birth parentage orders.
Kansas
Allowable, under the Kansas Uniform Parentage Act and the state’s Adoption Code. However, it does have stipulations, such as only providing pre-birth orders when at least one parent is genetically related. The state has strict laws stating that compensated surrogacy must have legal documents to support them or you’ll face legal penalties.
Kentucky
Allowable, though no state law or statute permits or prohibits gestational surrogacy. Genetic surrogacy is strictly prohibited under Kentucky RS §199.590.
Louisiana
Allowable but under specific circumstances where both intended parents are genetically related to the child. The state has strict rules surrounding surrogacy and contractual requirements that you must follow.
Maine
Friendly, under Maine Parentage Act Title 19A Chapter 16. The law permits pre-birth parentage orders regardless of genetics, sexual orientation or marital status.
Maryland
Friendly, protecting intended parents regardless of genetics, marital status or sexual orientation. The state allows for pre and post-birth court orders. The one stipulation you’ll need to consider is that either the intended parents or the gestational surrogate must reside in the state.
Massachusetts
Allowable, though no state laws or statutes outline those laws. Case law does protect intentional parenting and the courts have upheld intended parent rights based on pre- and post-birth orders. However, be aware that traditional surrogacy agreements are not enforceable.
Michigan
Unfriendly, with legal repercussions for compensated surrogacy. The courts might allow intended parents to claim post-birth adoptions in unpaid surrogacy agreements in which at least one party resides in Michigan and worked with a licensed lawyer to prepare the agreements.
Minnesota
Allowable, though no state laws expressly permit or prohibit the practice. All claims to parenthood must be completed post-birth. Any parent can seek post-birth parentage even if they share no genetics with the child.
Mississippi
Allowable, with no state laws expressly permitting or prohibiting the practice. The courts do allow for pre-birth orders in most cases even if the parents do not share a genetic relationship with the child.
Missouri
Allowable, though the state has no express laws concerning surrogacy. The state does not allow for pre-birth parentage orders, but you can file for rights before birth to expedite the process. However, parents who share no genetic relationship with the child but are married to someone who does will need to file for adoption in most cases.
Montana
Allowable, though no laws expressly govern surrogacy. The state still regularly recognizes pre- and post-birth parentage orders in cases where the parent shares a genetic relationship with the child. While non-genetic parents have been granted rights, it depends on the judge and the situation whether pre- and post-birth agreements will be honored.
Nebraska
Not friendly under R.R.S. Neb. 25-21, 200, which declares surrogacy contracts unenforceable. However, surrogacy contracts are not illegal. Mothers and fathers who share genetics with the child can be put on the birth certificate so long as the carrier and their spouse (where applicable) sign off on it. Intended parents with no genetic connections must complete a post-birth adoption.
Nevada
Friendly, under Nev. Revised Statutes 126.500-126.810. Protections are in place for all parents, regardless of genetics, sexual orientation or marriage status.
New Hampshire
Friendly, under N.H.Rev.Stat.Ann. 168-B regardless of genetics, marital status or sexual orientation.
New Jersey
Friendly, with surrogacy protections under the New Jersey Gestational Carrier Agreement Act of 2018. The law protects even those with no genetic relation to the child.
New Mexico
Allowable, though the state law says that surrogacy contracts are neither prohibited nor permitted. While the state regularly enforces pre- and post-birth contracts, parents with no genetic connections to the child should realize that surrogacy is risky in the state.
New York
Friendly under New York Fam. Ct. Act Article 5-C. The law protects parents of all kinds that enter into an enforceable contract pre-birth.
North Carolina
Allowable though no statutes or laws outline surrogacy rights. The state has allowed for the enforcement of pre-birth agreements in certain circumstances.
North Dakota
Friendly, under N.D. Cent. Code 14-18. However, the path to parental rights is more complex if the parent shares no genetics with the child.
Ohio
Allowable, though it can depend on the county or judge overseeing the case.
Oklahoma
Friendly, with legal outlines in the Oklahoma Gestational Agreement Act. The law protects intended parents of all types.
Oregon
Allowable, though no state laws or statutes are in place. The state regularly accepts surrogacy agreements where at least one parent shares genetics with the child. The road to parenthood is uncertain if the parent shares no genetic connection to the child.
Pennsylvania
Allowable but only under case law. Many counties allow pre- and post-birth orders but intended parents should proceed with caution as how the courts rule will depend on the judge and county.
Rhode Island
Friendly, under the Rhode Island Uniform Parentage Act. The Act outlines that both intended parents must be U.S. citizens. Neither parent must share a genetic connection with the child.
South Carolina
Allowable so long as you have pre-birth orders. However, the outcome of your parentage claim can vary based on the county.
South Dakota
Allowable, though there are no statutes governing the practice. However, terminating the pregnancy is up to the carrier and the intended parents cannot coerce the carrier into termination. The surrogacy agreement should not violate this law or it can make the arrangement null.
Tennessee
Allowable, but with no statutes that expressly permit it. Tenn. Code Ann. 36-1-102(48) does outline what surrogacy is but does not specifically state whether it is legally protected or not.
Texas
Allowable under Tex. Fam. Code 160.751 through 160.763, which outlines requirements for a valid surrogacy arrangement. The greatest protections are for married intended parents, though unmarried intended parents can still seek parentage. The state’s law also requires that the surrogacy must be medically necessary, showing that the intended mother is unable to carry a pregnancy to term without unreasonable risk to herself or the unborn child.
Utah
Allowable for married intended parents under Utah Code Ann. 78B-15-801 regardless of genetic connection.
Vermont
Allowable so long as the intended parents enter into a valid gestational carrier agreement. The Vermont Parentage Act provides rights to surrogacy.
Virginia
Allowable with many requirements that intended parents must meet. While you can complete a non-court-approved model, it is more administratively heavy.
Washington
Friendly under RCW 26.26.A, which protects intended parents regardless of marital status, genetic connection or sexual orientation.
West Virginia
Allowable under W.VA Code 61-2-14h(e)(3) so long as the birth takes place in a hospital within the state. The law protects intended parents even when they share no genetics with the child.
Wisconsin
Allowable under case law Paternity of F.T.R., Rosecky v. Schissel. Even with a pre-birth order, most instances of parental rights in the state require a post-birth order for the intended parents to be listed on the birth certificate.
Wyoming
Allowable, though no state laws govern surrogacy. The path for intended parents is uncertain in Wyoming.
Surrogacy Options
If you live in a state where surrogacy rights are prohibited or poorly outlined, seeking a contract in a friendly state is the best way to protect your rights. Surrogates and intended parents can work with Accel Conceptions based in California. Our team of industry experts can help you uphold your rights in a surrogacy-friendly state. Get started today.