U.S. Surrogacy Laws By State

Surrogacy laws vary widely across the United States, and understanding them is essential for intended parents and surrogates alike. Use this map to explore the current legal landscape in each state.

Gestational surrogacy is generally allowed in Alabama as no specific statutes prohibit it. However, a 2024 Supreme Court ruling regarding the legal status of embryos has introduced complexities for IVF and reproductive tech; legal counsel is highly recommended to navigate current local standards.

Gestational Surrogacy is allowed in Alaska. No statute or case law prohibits it. However, there are many variables regarding surrogacy in Alaska.

Gestational surrogacy is practiced and permitted under specific legal guidelines and court-established procedures. While older statutes prohibiting surrogacy contracts technically remain on the books, 2026 legislative updates and long-standing case law allow intended parents to obtain pre-birth orders and establish legal parentage, provided strict statutory requirements are met.

Gestational Surrogacy is allowed in Arkansas. However, results may vary based on marital status, sexual orientation, and biological relationship to the child.

Gestational Surrogacy is fully permitted in California. Surrogacy agreements are enforceable and pre-birth orders are easily obtainable.

Gestational Surrogacy is allowed in Colorado by statute, which clearly sets out the requirements and enforcement of surrogacy arrangements.

Gestational Surrogacy is fully permitted in Connecticut. Surrogacy agreements are enforceable and pre-birth orders are easily obtainable.

Gestational Surrogacy is fully permitted in Delaware as long as statutory requirements are met. Surrogacy agreements are valid and enforceable.

Gestational Surrogacy is permitted in Florida for married couples only. All other Intended Parents must take extra legal steps to establish parental rights.

Gestational Surrogacy is allowed in Georgia. No statute or case law prohibits it. However, some restrictions may apply.

Gestational Surrogacy is permitted in Hawaii, but only post-birth parentage orders are granted. Therefore, parenthood through surrogacy in Hawaii will require additional legal steps.

Gestational Surrogacy is now permitted in Idaho by statute. The law recognizes gestational agreements that meet certain requirements, and such agreements are validated by the courts.

Gestational Surrogacy is expressly permitted by statute in Illinois with detailed statutory provisions for enforceable agreements and legal parental rights for Intended Parents.

Gestational surrogacy agreements in Indiana are void and unenforceable. However, gestational surrogacy continues to be practiced in the state.

Iowa statutory law implicitly permits Gestational Surrogacy. Gestational surrogacy agreements are enforceable pursuant to a decision by the Iowa Supreme Court in 2018.

Gestational Surrogacy is allowed in the state of Kansas. There is no statute or direct case law that prohibits it.

Gestational Surrogacy is allowed in Kentucky. No statute or case law prohibits it. However, some restrictions may apply.

In 2016, Louisiana statute restricted gestational surrogacy to married, heterosexual couples who use their own gametes (no donor sperm/egg). Commercial surrogacy is expressly prohibited.

The Maine Parentage Act of 2016 legalized surrogacy in Maine. Gestational Surrogacy is fully permitted in the state, and gestational surrogacy agreements are enforceable.

Maryland is a surrogacy friendly state where all individuals may pursue family building through gestational surrogacy.

Gestational surrogacy is permitted by statute as of January 2025 via the Massachusetts Parentage Act. The law codifies the rights of intended parents, including LGBTQ+ and non-genetic parents, and streamlines the process for obtaining pre-birth parentage orders.

Gestational surrogacy is fully permitted and enforceable as of April 2025 under the Family Protection Act. The law provides a clear legal framework for agreements and allows intended parents to be recognized as legal parents through pre-birth orders regardless of genetic connection.

Gestational surrogacy is permitted and regulated by statute as of August 2025. The law establishes clear requirements for enforceable contracts, including mandatory legal representation and medical evaluations. It allows intended parents to be recognized as legal parents on the birth certificate, while explicitly prohibiting for-profit surrogacy agencies

Gestational Surrogacy is allowed in Mississippi. No statute or case law prohibits it. However, some restrictions may apply.

Gestational Surrogacy is allowed in Missouri. No statute or case law prohibits it. However, some restrictions may apply.

Gestational Surrogacy is allowed in Montana. No statute or case law prohibits it. However, some restrictions may apply.

Gestational surrogacy is practiced in Nebraska, but statutes declare compensated surrogacy contracts void and unenforceable. While courts may recognize properly structured altruistic arrangements, intended parents often must establish legal rights through post-birth adoption or parentage proceedings.

Gestational Surrogacy is fully permitted in Nevada by statute. Surrogacy agreements are enforceable and pre-birth orders are easily obtainable.

Gestational Surrogacy is fully permitted in New Hampshire by statute. Surrogacy agreements are enforceable and pre-birth orders are easily obtainable.

Gestational Surrogacy is fully permitted in New Jersey by statute. Surrogacy agreements are enforceable and pre-birth orders are easily obtainable.

Gestational Surrogacy is allowed in New Mexico. No statute or case law prohibits it. However, some restrictions may apply.

Gestational Surrogacy is fully permitted in New York. The Child-Parent Security Act took effect in February 2021, making surrogacy agreements enforceable in the state.

Gestational Surrogacy is allowed in North Carolina. No statute or case law prohibits it. However, some restrictions may apply.

Gestational Surrogacy is allowed in North Dakota. No statute or case law prohibits it. However, some restrictions may apply.

Gestational Surrogacy is allowed in Ohio. No statute or case law prohibits it. However, some restrictions may apply.

Gestational Surrogacy is allowed in Oklahoma. No statute or case law prohibits it. However, some restrictions may apply.

Gestational Surrogacy is fully permitted in Oregon. Surrogacy agreements are enforceable and pre-birth orders are easily obtainable.

Gestational Surrogacy is allowed in Pennsylvania. No statute or case law prohibits it. However, the application of surrogacy law varies by county and judge, especially when donors are used.

Rhode Island is a surrogacy-friendly state. Gestational surrogacy for compensation is fully permitted in the state.

Gestational Surrogacy is allowed in South Carolina. No statute or case law prohibits it. However, some restrictions may apply and individual results may vary.

Gestational Surrogacy is allowed in South Dakota. No statute or case law prohibits it. However, some restrictions may apply.

Tennessee law neither permits nor prohibits surrogacy, which means surrogacy is legal in the state. Several judicial opinions outline the legal framework for the surrogacy process.

Gestational Surrogacy is permitted in Texas by statute for married Intended Parents who follow statutory procedures, which include validation of surrogacy contract by a court before birth.

Gestational Surrogacy is permitted in Utah by statute for married Intended Parents, including same sex married couples, so long as the surrogacy contract is validated by a court pre-birth.

Gestational Surrogacy is permitted in Vermont under the Vermont Parentage Act of 2018.

Gestational surrogacy is permitted in Virginia but with numerous restrictions. For example, only Intended Parents who meet all statutory criteria can obtain a pre-birth order.

Gestational Surrogacy for compensation is legal in Washington from January 2019. Gestational surrogacy agreements are now legal and enforceable.

Gestational surrogacy for compensation is allowed in West Virginia, however certain restrictions may apply.

Gestational surrogacy agreements are valid and enforceable, unless contrary to the child’s best interest. Other restrictions may apply by county.

Statutory law in Wyoming neither permits nor prohibits surrogacy. Since surrogacy law is unclear in the state, Intended Parents may face legal hurdles in their surrogacy process.