Surrogated Gestation by State in the United States (2024)
**Important Note**: This guide offers general information about surrogated gestation laws in the United States. Laws can vary and change rapidly. Always consult with a lawyer specialized in Assisted Reproductive Technology (ART) for specific advice.
Alabama (Regulated)
Surrogated gestation is expressly allowed. Paternity orders can be obtained before birth, for both single parents and married couples. Non-married couples cannot obtain paternity and subsequently must seek adoption by the stepfather/stepmother.
Alaska (No laws)
No specific laws on surrogated gestation. Pre-birth paternity orders are not available. The lack of clear legislation can make the process more complicated and subject to interpretation by courts.
Arizona (Prohibited)
Surrogated gestation contracts are unenforceable and in some cases illegal. It is NOT recommended as a destination for surrogated gestation.
Arkansas (Favorable)
Very favorable laws for surrogated gestation. Pre-birth paternity orders are available for all family models.
California (Very Favorable)
One of the most favorable states. Clear laws that support surrogated gestation. Pre-birth paternity orders are routinely granted for all family models. Extensive jurisprudence and specialized lawyers.
Colorado (Favorable)
The “Colorado Surrogacy Agreement Act” (effective 2021) regulates surrogated gestation. Pre-birth paternity orders are available.
Connecticut (Favorable)
Regulated by law. Pre-birth paternity orders are available for married couples and non-married persons in specific situations.
Delaware (Favorable)
Regulated by law. Pre-birth paternity orders are available for married couples. For single parents or non-married couples, procedures may vary.
Florida (Favorable)
Regulated by law. Pre-birth paternity orders are available for married couples. For singles or non-married couples, procedures are more complex but possible.
Georgia (No clear laws)
No specific laws. The practice is tolerated but without clear regulation. It is recommended to work with experienced lawyers.
Hawaii (No clear laws)
No specific laws. Jurisprudence has been favorable, but without clear laws, the process can be complicated.
Idaho (No clear laws)
No specific laws. It is recommended extreme caution and working with experienced lawyers.
Illinois (Very Favorable)
The “Illinois Gestational Surrogacy Act” provides a solid legal framework. Pre-birth paternity orders are available for all family models.
Indiana (No laws)
No specific laws. Jurisprudence has been varied. Consultation with specialized lawyers is essential.
Iowa (No clear laws)
No specific laws. The practice is tolerated, but it is recommended caution and specialized legal advice.
Kansas (No clear laws)
No specific laws. Jurisprudence has been varied.
Kentucky (No clear laws)
No specific laws. It is recommended to work with lawyers specialized in reproductive law.
Louisiana (Very Restrictive)
Surrogated gestation contracts are unenforceable. NOT recommended as a destination.
Maine (Favorable)
The “Maine Parentage Act” (effective 2016) regulates surrogated gestation. Pre-birth paternity orders are available.
Maryland (Favorable)
Regulated by law since 2018. Pre-birth paternity orders are available.
Massachusetts (No specific laws, but favorable jurisprudence)
No specific laws, but jurisprudence has been generally favorable. It is recommended to work with experienced lawyers.
Michigan (Prohibited)
Surrogated gestation contracts are illegal and can carry criminal penalties. Absolutely NOT recommended.
Minnesota (No clear laws)
No specific laws. Jurisprudence has been varied.
Mississippi (No clear laws)
No specific laws. Extreme caution is recommended.
Missouri (No clear laws)
No specific laws. Jurisprudence has been varied.
Montana (No clear laws)
No specific laws.
Nebraska (Prohibited)
Surrogated gestation contracts are unenforceable. NOT recommended.
Nevada (Favorable)
Regulated by law. Pre-birth paternity orders are available.
New Hampshire (Favorable)
Regulated by law. Pre-birth paternity orders are available for married couples and in some situations for single parents.
New Jersey (Favorable)
The “New Jersey Gestational Carrier Agreement Act” (effective 2018) regulates surrogated gestation. Pre-birth paternity orders are available.
New Mexico (No specific laws, but tolerated)
No specific laws. The practice is tolerated. It is recommended to work with experienced lawyers.
New York (Favorable)
The “Child-Parent Security Act” (effective 2021) legalized and regulated surrogated gestation. Before 2021, it was prohibited. Pre-birth paternity orders are available.
North Carolina (No clear laws)
No specific laws. Jurisprudence has been varied.
North Dakota (No clear laws)
No specific laws.
Ohio (No clear laws)
No specific laws. Jurisprudence has been varied.
Oklahoma (No specific laws, but favorable jurisprudence)
No specific laws, but jurisprudence has been generally favorable.
Oregon (Favorable)
Regulated by law. Pre-birth paternity orders are available.
Pennsylvania (No clear laws)
No specific laws. Jurisprudence has been varied and in some cases unfavorable.
Rhode Island (Favorable)
Regulated by law since 2021. Pre-birth paternity orders are available.
South Carolina (No clear laws)
No specific laws.
South Dakota (No clear laws)
No specific laws.
Tennessee (Favorable)
Regulated by law. Pre-birth paternity orders are available for married couples.
Texas (Favorable)
Regulated by law. Pre-birth paternity orders are available for married couples. For singles or non-married couples, procedures can be more complex.
Utah (Favorable)
Regulated by law. Pre-birth paternity orders are available for married couples.
Vermont (Favorable)
Regulated by law since 2018. Pre-birth paternity orders are available.
Virginia (Favorable)
Regulated by law. Pre-birth paternity orders are available for married couples and in some situations for single parents.
Washington (Favorable)
The “Uniform Parentage Act” regulates surrogated gestation. Pre-birth paternity orders are available.
West Virginia (No clear laws)
No specific laws.
Wisconsin (No clear laws)
No specific laws. Jurisprudence has been varied.
Wyoming (No clear laws)
No specific laws.
Important Considerations:
* Specialized Lawyer: It is ESSENTIAL to work with a lawyer specialized in reproductive law in the specific state where you want to carry out the process.
* Laws change: Legislation on surrogated gestation is constantly evolving. It is crucial to have updated information.
* International Couples: International couples must also consider immigration laws to bring the baby to their country of origin.
* Costs: Costs vary considerably depending on the state, the agency, the clinic, and other factors.
Most Recommended States for Surrogated Gestation:
* California
* Illinois
* Connecticut
* Delaware (for married couples)
* Nevada
* Washington
These states have clear laws, favorable jurisprudence, and an established infrastructure for surrogated gestation.
States to AVOID:
* Michigan
* Louisiana
* Nebraska
* Arizona
These states have prohibitive laws or laws that make surrogated gestation unviable.
