Home » Surrogacy Laws in the US
Click on any state on the US Gestational Surrogacy Law Map for more information on surrogacy law in that state.
California (CA)
Colorado (CO)
Connecticut (CT)
District of Columbia (DC)
Delaware (DE)
Idaho (ID)
Maine (ME)
Massachusetts (MA)
Michigan (MI)
New Hampshire (NH)
New Jersey (NJ)
Nevada (NV)
Pennsylvania (PA)
Vermont (VT)
Washington (WA)Shape
Alabama (AL)
Alaska (AK)
Arkansas (AR)
Florida (FL)
Georgia (GA)
Hawaii (HI)
Illinois (IL)
Iowa (IA)
Kansas (KS)
Kentucky (KY)
Maryland (MD)
Minnesota (MN)
Mississippi (MS)
Missouri (MO)
Montana (MT)
New Mexico (NM)
North Carolina (NC)
North Dakota (ND)
New York (NY)
Ohio (OH)
Oklahoma (OK)
Oregon (OR)
South Carolina (SC)
South Dakota (SD)
Texas (TX)
Utah (UT)
West Virginia (WV)
Wisconsin (WI)
Wyoming (WY)
Arizona (AZ)
Indiana (IN)
Nebraska (NE)
Tennessee (TN)
Virginia (VA)
Fully Legal & Inclusive
Prohibited
Yes
Yes (with conditions)
Yes (with legal workarounds)
🚫 No
All intended parents eligible
Varies by state (some require married couples)
Varies by state (legal uncertainty)
🚫 Not permitted
No requirement (both or neither parent can be genetically related)
Varies by state (some require at least one parent to be genetically related)
Uncertain (legal recognition may require genetic connection)
🚫 Not applicable
Fully recognized and protected
Varies by state (some require additional legal steps)
Uncertain (varies based on court interpretation)
🚫 Not permitted
Fully recognized and protected
Varies by state (some states may impose restrictions)
Uncertain (legal recognition may require additional steps)
🚫 Not permitted
Yes, routinely granted
Varies by state (some require post-birth orders)
Rarely granted (alternative legal measures required)
🚫 Not applicable
Not required (parents legally recognized at birth)
Varies by state (some require post-birth orders)
Often required (adoption or court petition needed)
🚫 Not applicable
Surrogacy laws differ significantly from state to state and are subject to frequent change due to new legislation, court rulings, and advocacy efforts. Some states that currently have restrictive or unclear laws may become more surrogacy-friendly in the near future. It is critical for intended parents, surrogates, and agencies to work with a qualified reproductive law attorney to ensure full legal protection and compliance with state laws.
Massachusetts – The Parentage Act (2025) is now in effect, modernizing the legal landscape for surrogacy and ensuring recognition of all intended parents.
Michigan – Starting in Spring 2025, Michigan will legalize compensated surrogacy, making it a surrogacy-friendly state for the first time in decades.
Texas & Virginia – Discussions are ongoing about possible legal updates to make surrogacy more accessible to single and LGBTQ+ intended parents.
Florida & Utah – Potential future challenges may arise regarding the marital restrictions imposed on intended parents.
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