Surrogacy law by state
The lighter the map color is, the more surrogacy friendly the state is.
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.
- 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.
- 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
Colorado is highly favorable to surrogacy. In 2021, Governor Polis signed the Colorado Surrogacy Agreement Act (HB21-1022), codified as C.R.S. 19-4.5-101 et seq., establishing clear statutory standards for surrogacy agreements. Colorado courts routinely grant pre-birth orders to intended parents of all backgrounds.
- Connecticut
Connecticut is favorable to surrogacy. Courts routinely grant pre-birth orders establishing the intended parents as the legal parents.
- Delaware
Delaware is highly favorable. The Delaware Gestational Carrier Agreement Act (13 Del. Code § 8-801 et seq.) expressly validates gestational carrier agreements, and courts grant pre-birth orders.
- Florida
Florida permits gestational surrogacy by statute (§ 742.15–.16), but generally only for married couples meeting strict eligibility requirements. Pre-birth parentage orders are available when the statutory criteria are met.
- Georgia
Georgia has no surrogacy statute, but courts are generally favorable and routinely grant pre-birth orders to intended parents.
- Hawaii
Hawaii has no statute governing surrogacy. Courts have addressed parentage on a case-by-case basis, so outcomes can vary — experienced local counsel is essential.
- Idaho
Idaho has no surrogacy statute, but courts are generally favorable and grant pre-birth orders to intended parents.
- Illinois
Illinois is one of the most surrogacy-friendly states. The Illinois Gestational Surrogacy Act (750 ILCS 47) provides a streamlined administrative process to establish parentage, often without a court hearing.
- Indiana
Indiana's statute declares compensated surrogacy agreements void (Ind. Code § 31-20-1-1). In practice, however, Indiana courts routinely grant pre-birth parentage orders. Work with experienced local counsel.
- Iowa
Iowa courts are generally favorable to surrogacy and routinely grant pre-birth orders, though there is no comprehensive statute.
- Kansas
Kansas has no surrogacy statute, but courts are generally favorable and grant pre-birth orders to intended parents.
- Kentucky
Kentucky has no surrogacy statute, but courts are generally favorable and grant pre-birth orders to intended parents.
- Louisiana
Louisiana is restrictive. The law permits gestational surrogacy only for married heterosexual couples using their own gametes, with court pre-approval required. Arrangements outside these narrow criteria are not permitted.
- Maine
Maine is favorable. The Maine Parentage Act expressly allows gestational carrier agreements and provides for pre-birth parentage orders.
- Maryland
Maryland has no surrogacy statute, but courts are very favorable and routinely grant pre-birth orders to intended parents of all backgrounds.
- Massachusetts
Massachusetts has no statute, but longstanding case law (Culliton; Hodas v. Morin) makes it very favorable — courts routinely grant pre-birth orders.
- Michigan
Michigan repealed its 1988 criminal ban on compensated surrogacy in 2024 and enacted new family protection laws permitting regulated gestational surrogacy. Work with experienced Michigan counsel as courts implement the new framework.
- Minnesota
Minnesota has no surrogacy statute. Courts are generally favorable and grant pre-birth orders, though outcomes can vary by county and judge.
- Mississippi
Mississippi has no statute or significant case law on surrogacy. Parentage is determined case by case — proceed only with experienced local counsel.
- Missouri
Missouri has no surrogacy statute, but courts are generally favorable and grant pre-birth orders to intended parents.
- Montana
Montana has no surrogacy statute, but courts are generally favorable and grant pre-birth orders to intended parents.
- Nebraska
Nebraska is unfavorable — state law declares surrogate parenthood contracts void and unenforceable (Neb. Rev. Stat. § 25-21,200). Surrogacy here carries significant legal risk.
- Nevada
Nevada is highly favorable. State law (NRS 126.500–.900) comprehensively regulates gestational carrier agreements, and courts routinely grant pre-birth orders.
- New Hampshire
New Hampshire is favorable. RSA 168-B authorizes gestational carrier agreements with court pre-authorization, and pre-birth parentage orders are granted.
- New Jersey
New Jersey is favorable. The New Jersey Gestational Carrier Agreement Act (2018) expressly permits compensated gestational carrier agreements, and courts grant pre-birth orders.
- New Mexico
New Mexico has no surrogacy statute, but courts are generally favorable and grant pre-birth orders to intended parents.
- New York
New York is now highly favorable. The Child-Parent Security Act (effective 2021) legalized compensated gestational surrogacy with strong protections, including a Surrogate's Bill of Rights, and courts grant pre-birth orders.
- North Carolina
North Carolina has no surrogacy statute, but courts are generally favorable and grant pre-birth orders to intended parents.
- North Dakota
North Dakota is favorable. State law (N.D.C.C. ch. 14-18) expressly validates gestational agreements, and courts grant pre-birth orders.
- Ohio
Ohio has no surrogacy statute, but courts are very favorable and routinely grant pre-birth orders to intended parents.
- Oklahoma
Oklahoma is favorable. The Oklahoma Gestational Agreement Act (2019) provides a statutory framework for enforceable gestational agreements and pre-birth orders.
- Oregon
Oregon is very favorable. Though there is no statute, courts have a long history of granting pre-birth orders to intended parents of all backgrounds.
- Pennsylvania
Pennsylvania has no statute, but case law (J.F. v. D.B.) makes it favorable — courts routinely grant pre-birth orders.
- Rhode Island
Rhode Island is favorable. The Rhode Island Uniform Parentage Act expressly allows gestational carrier agreements, and courts grant pre-birth orders.
- South Carolina
South Carolina has no surrogacy statute, but courts are generally favorable and grant pre-birth orders to intended parents.
- South Dakota
South Dakota has no surrogacy statute, but courts are generally favorable and grant pre-birth orders to intended parents.
- Tennessee
Tennessee has no comprehensive statute. Courts have granted pre-birth orders in practice, but the legal landscape is less settled — work with experienced local counsel.
- Texas
Texas is favorable. The Texas Family Code (ch. 160, subch. H) allows court-validated gestational agreements — validation must occur before pregnancy — and pre-birth orders are granted.
- Utah
Utah is favorable. State law (§ 78B-15-801 et seq.) allows court-validated gestational agreements with pre-approval required before pregnancy, and pre-birth orders are granted.
- Vermont
Vermont is favorable. The Vermont Parentage Act expressly permits gestational carrier agreements, and courts grant pre-birth orders.
- Virginia
Virginia is restrictive. The statute allows court-approved surrogacy agreements, but only uncompensated (altruistic) agreements are clearly enforceable — compensated arrangements face significant legal uncertainty.
- Washington
Washington is now favorable. The Uniform Parentage Act (effective 2019) legalized compensated gestational surrogacy, and courts grant pre-birth orders.
- Washington DC
DC is now favorable. The Collaborative Reproduction Amendment Act (effective 2018) legalized compensated surrogacy agreements, and courts grant pre-birth orders.
- West Virginia
West Virginia has no surrogacy statute, but courts are generally favorable and grant pre-birth orders to intended parents.
- Wisconsin
Wisconsin is favorable. The state supreme court (In re Paternity of F.T.R., 2013) upheld gestational carrier agreements, and courts grant pre-birth orders.
- Wyoming
Wyoming has no surrogacy statute, but courts are generally favorable and grant pre-birth orders to intended parents.
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