Intended Parents, Surrogacy, Surrogacy Education

Surrogacy Laws by State

Surrogacy laws vary by state, and even by county within the United States. If you are considering applying to become a surrogate, one of the first steps you should take is to become familiar with the surrogacy laws in your state. It is important to keep in mind that surrogacy laws are always changing, and you should consult with an attorney who is part of AAAA (Academy of Adoption and Assisted Reproduction Attorneys) in your state for the most up to date information on surrogacy law.

Surrogacy laws vary from state to state and can even vary based on the county that a surrogate lives in. The laws in the gestational carrier’s state can impact your journey even if the intended parents or surrogate live in a surrogacy friendly state.

surrogacy law map

What are the best states for gestational surrogacy?

In the most surrogacy friendly states, Intended parents can receive the pre birth orders regardless of their sexual orienta­tion, marital status, and even the genetic relationship to the baby. These states also allow for the birth certificate to include both parents’ names and permit both compensated surrogacy arrangements and altruistic surrogacy agreements.

These states name both parents on the birth certificate for the baby:

California, Colorado, Connecticut, District of Columbia, Maine, New Hampshire, New Jersey, Nevada, Vermont & Washington.

In the above states, compensated surrogacy is allowed and pre-orders are granted to all intended parents regardless of married couples, unmarried couples, single parents, sexual orientation or genetic relationship to the child in the case of a non-biological parent.

Alaska, Arkansas, Arizona, Florida, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Massachusetts, Maryland, Minnesota, Missouri, Mississippi, Montana, New York, North Carolina, North Dakota, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin & West Virginia.

In the states listed above, commercial surrogacy is permitted however in some cases specific requirements may need to be met in order for a pre-birth order to be granted through the courts. In some cases, a post-birth order may be necessary.

Related Post: How to Pay for Surrogacy in the U.S.

What states prohibit gestational surrogacy?

As of 2022, there are only a a few remaining states that prohibit surrogacy. Gestational surrogates and intended parents should not enter into a gestational surrogacy agreement if the surrogate lives in one of these states.

States whose laws prohibit surrogacy are:

Louisiana

Michigan

Nebraska

What are the other surrogacy friendly states?

States whose laws allow for surrogacy but have potential legal inconsistencies are:

Indiana

Wyoming

In these states surrogacy is sometimes practiced however the legal climate surrounding surrogacy has inconsistent results in the courts and there are specific legal requirements.

Related Post: Are You Ready? Preparing to Become a Surrogate

What is a pre-birth order?

In a pre-birth order is an agreement signed by the intended parents and gestational carrier before their baby is born, declaring them as the legal parents of the child. A pre-birth order is a legally binding document that is signed by a judge and issued through vital records.

What is a post-birth adoption order?

A post-birth parentage order is similar to a pre-birth parentage order but is obtained after the birth rather than before the birth. After birth, the intended parents become the child’s only legal parents, and they’re ordered on the child’s birth certificate.

What is a second parent adoption?

Second-parent adoption allows a nonbiological parent to adopt a child who was born through surrogacy. It also typically grants the adoptive parent the same rights as biological parent. This is common with same-sex couples where only one parent has a biological connection to the child. A second parent adoption is also referred to as a stepparent adoption.

Related Post: A Surrogate’s Birth Story

More Information on gestational surrogacy law in your state:

For the most up to date information on surrogacy law and surrogacy statutes in your state, it is important to speak to an attorney near you and also the state of your gestational carrier. Additional information can be found at connect.asrm.org or on at www.familymakers.com.

Are you looking for a surrogacy agency near you?

Family Makers Surrogacy can assist both gestational carriers and intended parents in coordinating with attorneys in near them to answer questions regarding surrogacy law and gestational surrogacy contract. Contact us today to start your surrogacy journey.

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Ashlee Hammonds
Family Makers Founder and
Intended Parent

“We’ll guide you you step by step throughout the process in a way only someone who has walked this path can.”