Is Surrogacy Legal In All States?
While surrogacy in California is completely legal and has very friendly surrogacy laws on the books, other states are not so surrogate-friendly.
Some states have vague laws or none at all regarding surrogacy. Others that tend to favor surrogacy within their laws often have specific stipulations that must be followed.
In addition, some states like New York have express laws especially with regards to financial and other surrogate compensation benefits.
Before taking any steps to become a surrogate, potential surrogates should research the current surrogacy requirements and the specific surrogate related laws in their state to ensure that both the surrogate and the intended parents understand the legal rights available by law in their region.
Breakdown of States & Their Current Surrogate Laws
Fortunately for many desiring to utilize a gestational surrogate to expand their family, more states are changing their laws regarding this subject.
Surrogacy Laws by State
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.
In Which States is Surrogacy NOT legal?
There are still a number of states that are considered the least surrogate-friendly out of all states in this country. These states have strongly worded prohibitive laws that restrict or outlaw surrogacy and it differs somewhat between them.
These include:
- New York
- Nebraska
- Michigan
- Louisiana
Anyone considering either trying to find a surrogate or to become a surrogate while residing in these states should check into the legalities before moving forward.
In general, most of these non-friendly surrogate states prohibit legal contracts between intended parents and a surrogate.
They do allow a woman the choice to become a surrogate, but receiving compensation as a surrogate is typically forbidden or closely monitored.
It’s important to be careful if you are a resident in these states as a surrogate since these types of contracts may not hold up in court.
Most of the surrogate births in these states are a family member or close friend of couples struggling with infertility.
These cases are mostly altruistic in nature and no financial compensation is legally allowed, or it is heavily regulated.
States with Less Friendly Surrogate Laws but Not Outright Forbidden
A large number of states do have some sort of laws on their books that will allow certain surrogate pregnancy arrangements.
There are usually very strict legal regulations and circumstances that must be met, however.
These states include:
- Washington
- Wyoming
- Idaho
- Montana
- Arizona
- Mississippi
- Tennessee
- Alabama
- Virginia
- Indiana
- New Jersey and
- Alaska
List of More Surrogate Friendly States
There are many more states that have mostly friendly surrogate laws and regulations, but there is usually some type of limitation on the process that will vary between states.
Some more friendly surrogate states include:
- Maine
- Vermont
- New Hampshire
- Rhode Island
- Massachusetts
- Maryland
- North & South Carolina
- Georgia
- Alabama
- Colorado
- New Mexico
- Kansas
- Oklahoma
- South Dakota
- Wisconsin
- Minnesota
- Oregon and
- Missouri
It is best for surrogates and intended parents to do some research into the specifics on each of the most friendly surrogate states. This helps avoid any confusion or legal issues before getting into a surrogate birth agreement.
Many of these states have strict health insurance and other types of compensation rules or adoption procedures that must be precisely followed to stay within the laws.
In addition, some of these states have varying legal definitions as to who are the parents of a surrogate birth.
These states may limit when and how the intended parents obtain parental rights over their baby.
Some states will recognize that the surrogate is the actual birth mother necessitating the need for the intended parents to adopt their own child after birth.
This can even happen with the case of gestational surrogacy.
Additionally, there are some states that still do not recognize the legality of same-sex couples or single intended parents in their state’s definition of parental rights.
Exciting Changes Toward Friendlier Surrogacy Laws in Nevada
Many prospective surrogates are happy with this state’s new legislation regarding maternity health insurance coverage for surrogate mothers.
This new legislation has been a long time coming, and many surrogate advocates all throughout the great state of Nevada are rejoicing over the news.
The new laws help to ensure that surrogate mothers will get the same healthcare maternity coverage that any pregnant woman in Nevada is entitled to.
This is HUGE for all intended parents and surrogates alike, as it will save everyone time and money using the surrogate’s current insurance policy.
Surrogate candidates can learn more regarding surrogacy in Nevada by typing in “surrogacy near me” or “Nevada surrogacy.”
Update on The Uniform Parenting Act Regarding Surrogacy in Washington
Another state considered in the past to only be marginally friendly towards surrogate births has unveiled an impressive legal act termed The Uniform Parenting Act just this past January of 2019. In short, this new legal act allows and will enforce compensated gestational surrogate agreements.
This new law gives intended parents of every description and gestational surrogates welcome peace-of-mind. It provides a simpler path towards legal parentage that allows the intended parents to be named on the baby’s birth certificate. It also allows for the surrogate to enter into a compensated legal agreement with the parents.
Prior to this law, Washington state required all surrogates who desired to become a surrogate to forfeit any compensation and forced an altruistic surrogacy agreement.
Washington residents should still research the legal surrogacy qualifications related to surrogacy in Washington.
Why Surrogacy in California Is Still a Cut Above Other States
California laws that oversee surrogacy in California are considered some of the best in the land. Intended parents can rest assured that their legal parental rights will be upheld by the courts if ever necessary.
Compensation to the surrogate is also legal under California law. Additionally, they have less cumbersome rules to follow regarding a surrogate pregnancy and receiving compensation.
The intended parents will also be named as the legal parents. This can be established well before birth to dispel any confusion over these matters.
Gestational surrogacy is recognized in California in its true form- via the procedure of IVF and the matching DNA of the intended parents.
In California, however, the gestational surrogacy agreement will not require the parents to establish parentage via adoption.
Advantages of Working with a California Surrogate Agency
Perhaps you have keyed in the phrase “surrogacy near me” and came across our surrogate agency in Sacramento.
Made in the USA Surrogacy is a reputable surrogacy agency in California. We are focused on bringing intended parents quality surrogate candidates, and bringing surrogates the agency support they deserve.
We are able to provide all of the latest details involved in the complicated process of surrogacy here in California as well as many surrounding areas and states.
When you work with our surrogacy agency, we have partners in all states in case you are wondering is surrogacy legal in your state.
Can I Become a Surrogate if I’m from one of these other states?
If you are from Washington, Nevada, Oregon, Pennsylvania, or any other surrogacy friendly state, feel free to apply to become a surrogate here.
Additionally, we accept surrogate mother hopefuls from all of the surrogacy-friendly states mentioned above.
Even if you are from a state that is less surrogacy friendly, we do our best to match you with a domestic or international couple. We do not require that you reside in California.
How does Made in the USA Surrogacy Help Surrogates from Other States?
We work with a team of lawyers that are trained in surrogacy law in all of the states that can recognize a gestational surrogacy agreement.
Regardless of the state you live in, we have the right surrogacy lawyer partners to help you. They’re on your side to help you negotiate your contract with the intended parents and navigate the legalities of the gestational surrogacy agreement.
