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Surrogacy Laws


Gestational Surrogacy Law By State

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.

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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” whether they be traditional or gestational. It provides that in a surrogacy situation the surrogate is the legal mother of the child or children and, if she is married, her husband is the father. However, the Arizona Court of Appeals, a court of intermediate jurisdiction, ruled in 1994, that the parentage presumption was rebuttable as to the intended mother.

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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.

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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
There is no law governing surrogacy and the courts are generally favorable to all different types of parents.

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, a few judges will grant pre-birth orders.

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 law forbids compensated surrogacy. Individuals who enter into surrogacy arrangements other than compassionate surrogacy cased, are subject to criminal penalties.

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.

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Montana
There is no law governing surrogacy,  nor many published case law to reference.

Nebraska
Under Nebraska law “[a] surrogate parenthood contract entered into shall be void and unenforceable.” This provision applies to compensated surrogacy agreements in which the surrogate “is compensated for bearing a child of a man who is not her husband.”


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
New Jersey forbids traditional surrogacy but is friendly toward gestational surrogacy, remunerated or compassionate. A pre-birth order is held until 72 hours after delivery and requires the gestational carrier (and spouse) to relinquish their rights to the child(ren). Cases involving gestational surrogacy and the use of an egg donor would require that the intended mother proceed with a co-parent adoption.

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
New York forbids surrogacy. Anyone who enters into a compensated surrogacy arrangement may be fined up to $10,000. Those who facilitate surrogacy arrangements, e.g. lawyers and agencies, are fined in the first instance and, for a second offense, are guilty of a felony.

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.

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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
The courts are generally surrogacy friendly and they will issue declarations of paternity pre-birth.

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.

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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 but declare compensated ones void and unenforceable. Those involved in the latter are guilty of a gross misdemeanor.

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
There is no law governing surrogacy,  nor many published case law to reference.

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