Most states do not currently have laws specifically permitting gestational surrogacy. Some states specifically restrict it, some have statutory language addressing surrogacy, and others are silent on the topic completely. Many times, it is up to each individual judge on a county level to determine enforceability of surrogacy contracts and establishment of parentage. Because of this, it is extremely important to have legal representation from an attorney experienced in surrogacy and familiar with each courts’ preferences and requirements.
The following states are considered to be Surrogate friendly, meaning that for most Intended Parents a pre-birth order or post-birth order will be granted putting their names directly on the baby’s birth certificate: Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming. There are varying restrictions in a few states listed, depending on the biological connection and relationship status of the Intended Parents to their baby.