Surrogate Mother Qualifications & Requirements

What are the Requirements to Become a Surrogate?

In a nutshell, the surrogate requirements to become a surrogate are many, and it is not easy to qualify to be a surrogate. Especially if you live in California, being a California surrogate requires you to meet even higher standards than required by other states.

To be considered for surrogacy, you must:

Must be a US Citizen
Be between the ages 21-38 years of age
Have had at least one pregnancy completed to full term without complications
Have had no more than two c-sections
Live in a surrogate-friendly state (See map below)
Have a body mass index (BMI) 30 or below (please check your BMI using this calculator)
Not be currently taking any medications related to anxiety or depression as these types of medications could potentially pose a risk to the pregnancy and postpartum recovery.
Non-smoker and not exposed to second-hand smoke (this includes vaping and medical marijuana)
Not be on any federal or state assistance
Have no criminal record
Be financially sound
You do not have to be COVID vaccinated

BECOME A SURROGATE TODAY

Surrogate-Friendly States

Alabama

Alabama allows surrogacy with limited regulation. While there are no specific laws addressing surrogacy, contracts are generally recognized, making it a surrogate-friendly state.

Alaska

Surrogacy is neither explicitly permitted nor prohibited in Alaska. While there are no surrogacy-specific laws, contracts are often handled on a case-by-case basis in court.

Arizona

Arizona prohibits surrogacy contracts, declaring them unenforceable by law. Intended parents should avoid this state for surrogacy arrangements.

Arkansas

Arkansas is highly surrogacy-friendly, with clear laws supporting both gestational and traditional surrogacy. It’s one of the best states for surrogacy arrangements.

California

California is one of the most surrogacy-friendly states in the U.S. Clear laws protect all parties involved, and surrogacy agreements are enforceable.

Colorado

Colorado has no specific surrogacy laws, but courts generally recognize gestational surrogacy agreements, making it a viable option for surrogates and intended parents.

Connecticut

Connecticut allows surrogacy and has court precedents that support the enforcement of surrogacy contracts. It’s a surrogate-friendly state.

Delaware

Delaware is surrogacy-friendly with laws that clearly outline the rights and responsibilities of surrogates and intended parents.

Florida

Florida is a surrogacy-friendly state with laws supporting both gestational and traditional surrogacy. Contracts are legally enforceable.

Georgia

Georgia has no specific surrogacy laws. However, gestational surrogacy contracts are generally recognized, making it a viable option for surrogacy.

Hawaii

Hawaii lacks specific surrogacy laws, but contracts are handled on a case-by-case basis. Intended parents should consult legal counsel before proceeding.

Idaho

Idaho has no explicit surrogacy laws, but surrogacy agreements are generally enforceable, making it an option for surrogates and intended parents.

Illinois

Illinois is surrogacy-friendly, with laws that protect surrogates and intended parents, ensuring enforceable contracts and clear parental rights.

Indiana

Indiana prohibits surrogacy contracts, declaring them void and unenforceable. Surrogacy is not a viable option in this state.

Iowa

Iowa has no specific surrogacy laws, but courts often recognize gestational surrogacy agreements, making it a potential option with legal guidance.

Kansas

Kansas has no explicit surrogacy laws, but surrogacy agreements are generally accepted, particularly for gestational surrogacy.

Kentucky

Kentucky has no specific laws prohibiting or allowing surrogacy. Contracts are handled on a case-by-case basis in court.

Louisiana

Louisiana restricts surrogacy to married heterosexual couples, with gestational surrogacy contracts being enforceable under specific circumstances.

Maine

Maine is surrogacy-friendly, with laws supporting gestational surrogacy agreements and protecting the rights of surrogates and intended parents.

Maryland

Maryland is a surrogacy-friendly state where gestational surrogacy agreements are generally recognized and enforceable.

Massachusetts

Massachusetts has no specific surrogacy laws, but courts are highly supportive of surrogacy arrangements, making it a surrogate-friendly state.

Michigan

Michigan bans surrogacy contracts and imposes penalties for entering into them, making it one of the least surrogate-friendly states.

Minnesota

Minnesota has no explicit surrogacy laws, but courts typically recognize gestational surrogacy agreements. Legal counsel is advised.

Mississippi

Mississippi has no specific surrogacy laws, but courts have generally been supportive of surrogacy arrangements.

Missouri

Missouri has no specific surrogacy laws, but contracts are generally recognized and enforceable, particularly for gestational surrogacy.

Montana

Montana lacks surrogacy-specific laws, but surrogacy contracts are usually handled on a case-by-case basis in court.

Nebraska

Nebraska prohibits surrogacy contracts, making it an unsuitable state for surrogacy arrangements.

Nevada

Nevada is surrogacy-friendly, with clear laws supporting gestational surrogacy for married and unmarried couples, as well as singles.

New Hampshire

New Hampshire has laws that support surrogacy, providing clear protections for surrogates and intended parents alike.

New Jersey

New Jersey recently legalized surrogacy contracts, making it a surrogate-friendly state with enforceable agreements.

New Mexico

New Mexico has no specific surrogacy laws, but courts typically enforce gestational surrogacy agreements.

New York

New York recently legalized gestational surrogacy and established protections for surrogates and intended parents, making it a surrogate-friendly state.

North Carolina

North Carolina has no surrogacy-specific laws, but contracts are typically handled on a case-by-case basis, particularly for gestational surrogacy.

North Dakota

North Dakota is surrogacy-friendly, with laws supporting gestational surrogacy agreements.

Ohio

Ohio allows surrogacy and generally enforces gestational surrogacy agreements.

Oklahoma

Oklahoma has no specific surrogacy laws, but contracts are typically recognized, particularly for gestational surrogacy.

Oregon

Oregon is surrogacy-friendly, with clear legal recognition of gestational surrogacy agreements.

Pennsylvania

Pennsylvania has no explicit surrogacy laws, but courts generally recognize gestational surrogacy agreements.

Rhode Island

Rhode Island has no specific surrogacy laws, but agreements are typically handled on a case-by-case basis in court.

South Carolina

South Carolina has no explicit surrogacy laws, but courts have been supportive of gestational surrogacy arrangements.

South Dakota

South Dakota has no surrogacy-specific laws, and contracts are typically handled on a case-by-case basis.

Tennessee

Tennessee supports surrogacy and recognizes gestational surrogacy agreements.

Texas

Texas is highly surrogacy-friendly, with laws that enforce gestational surrogacy agreements and protect all parties involved.

Utah

Utah allows surrogacy, but it is restricted to married heterosexual couples under specific conditions.

Vermont

Vermont is surrogacy-friendly, with clear laws supporting gestational surrogacy agreements.

Virginia

Virginia has restrictive surrogacy laws that require court approval for surrogacy agreements.

Washington

Washington is surrogacy-friendly, with laws that protect surrogates and intended parents and enforce gestational surrogacy contracts.

West Virginia

West Virginia has no specific surrogacy laws, but contracts are typically recognized by courts.

Wisconsin

Wisconsin has no specific surrogacy laws, but courts have been supportive of gestational surrogacy arrangements.

Wyoming

Wyoming has no surrogacy-specific laws, and agreements are handled on a case-by-case basis in court.

Surrogacy Requirements By State

Surrogacy laws vary by each state. Made in the USA Surrogacy is able to accept surrogates who reside in the following states: Alabama, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Kansas, Maryland, Maine, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Wisconsin, Washington, and West Virginia.