Surrogacy is a wonderful way to help loving families grow but navigating the surrogacy laws of the various U.S. states can be confusing! Both surrogates and intended parents need to know the laws of the state where the surrogates lives in order to plan ahead for the journey. For this reason, we put together a map of surrogacy laws across the United States.

Among other important details, surrogates need to know whether gestational surrogacy is legal in their state of residence, whether they can legally receive compensation, and what type of surrogacy agreements are allowed in the state. Intended parents need to know which state the surrogate comes from as the legality of gestational surrogacy is based on the surrogate’s state of residence. Intended parents will also need to know at what stage of the process parenthood will be recognized and what specific rules apply to international or same-sex parents.

Surrogacy laws vary widely among states. The U.S. legal landscape for gestational surrogacy can be understood in terms of a spectrum, ranging from very surrogate friendly states like California or Maine to states in which surrogacy is illegal like Nebraska or Louisiana.

In the most surrogate friendly states, gestational surrogacy is legal, surrogacy agreements are enforceable, pre-birth orders are easily obtainable, and both parents are typically named on the birth certificate. These states include California, Connecticut, Washington D.C., Delaware, Maine, New Hampshire, Nevada, Rhode Island, Vermont, and New Jersey.

In surrogate friendly states, gestational surrogacy is legal but pre-birth certificates may not be available and post-birth legal procedures may be required. The vast majority of states fall into this category, including Alabama, Alaska, Arkansas, Colorado, Florida, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Massachusetts, Maryland, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, New Mexico, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Wisconsin, and West Virginia.

In certain states, such as Idaho, Tennessee, Virginia, and Wyoming, gestational surrogacy is legal but the process is very complex. Pre-birth orders are available in some of these states albeit with stipulations, and additional post-birth legal procedures may be required in these states. In such states, Intended Parents should proceed with caution.

In states such as Arizona and Indiana, gestational surrogacy agreements are void and unenforceable but surrogacy is still practiced in these states. Courts may issue parental orders in some cases, but consultation with an attorney is highly recommended.

Finally, in Louisiana, Michigan, and Nebraska, compensated surrogacy agreements are prohibited by statute or case law. Intended Parents should not proceed with surrogacy in these states since birth certificates cannot be obtained there.