Surrogacy law by state
The light the map color is, the more surrogacy friendly the state is.
Gestational Surrogacy Law By State
In every case wheregestational surrogacy is permitted but there is neither a statute nor a rulingfrom the state’s highest court governing the process, the question of birthorders 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 exemptssurrogacy from adoption laws and prohibitions on baby selling. Unmarriedcouples may not get a pre-birth order unless common-law is acknowledged. - Alaska
There is no law governing surrogacy. The courts generally are favorable. In1989, the Alaska Supreme Court equated surrogacy with adoption but sincepre-birth orders have been granted to married heterosexual couples using theirown egg/sperm. - Arizona
An Arizona statute forbids “surrogate parent contracts” whether they betraditional or gestational. It provides that in a surrogacy situation thesurrogate 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 ofintermediate jurisdiction, ruled in 1994, that the parentage presumption wasrebuttable as to the intended mother. - Arkansas
Arkansas law is highly favorable tosurrogacy. There is a statute declaring surrogacy agreements valid. The statutedetails several types of parentage situations but is more favorable for marriedcouples using their own egg/sperm or a single parent. More than once, theArkansas Supreme Court has ruled in favor of intended parents. - California
California law, as established in rulings of the California Supreme Court, isvery favorable to surrogacy. In the notable cases ofCalvert v.Johnson(1993) andBuzzanca v. Buzzanca (1998), California firstestablished and then reinforced its position that intent governs in thedetermination of parentage in gestational surrogacy situations. - Colorado
There is no law governing surrogacy and the courts are generally favorable toall different types of parents.ed and then reinforced its position that intent governs in thedetermination of parentage in gestational surrogacy situations.