Surrogacy Laws in the US

Gestational Surrogacy Laws by State

Click on any state on the US Gestational Surrogacy Law Map for more information on surrogacy law in that state.

States Where Gestational Surrogacy is Fully Legal and Inclusive

States Where Surrogacy is Permitted with Restrictions

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) 

States Where Surrogacy Contracts Are Unenforceable (But Surrogacy Still Happens)

Category

Fully Legal & Inclusive

Permitted with Conditions
Unenforceable Contracts (But Still Practiced)

Prohibited

Gestational Surrogacy Permitted

Yes

Yes (with conditions)

Yes (with legal workarounds)

 🚫 No 

Marital Status

All intended parents eligible 

Varies by state (some require married couples)

Varies by state (legal uncertainty)

 🚫 Not permitted

Genetic Material Requirement

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

LGBTQ+ Parents

Fully recognized and protected

Varies by state (some require additional legal steps)

Uncertain (varies based on court interpretation)

 🚫 Not permitted

Single Parents

Fully recognized and protected

Varies by state (some states may impose restrictions)

Uncertain (legal recognition may require additional steps)

 🚫 Not permitted

Pre-Birth Order

Yes, routinely granted

Varies by state (some require post-birth orders)

Rarely granted (alternative legal measures required)

 🚫 Not applicable

Post-Birth Order

Not required (parents legally recognized at birth)

Varies by state (some require post-birth orders)

Often required (adoption or court petition needed)

 🚫 Not applicable

Important Note: Surrogacy Laws Are Constantly Evolving

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.  

Upcoming Legal Changes & Considerations:

Massachusetts – The Parentage Act (2025) is now in effect, modernizing the legal landscape for surrogacy and ensuring recognition of all intended parents. 

MichiganStarting in Spring 2025, Michigan will legalize compensated surrogacy, making it a surrogacy-friendly state for the first time in decades. 

Texas & VirginiaDiscussions are ongoing about possible legal updates to make surrogacy more accessible to single and LGBTQ+ intended parents. 

Florida & UtahPotential future challenges may arise regarding the marital restrictions imposed on intended parents.