If you’re thinking about surrogacy, you’re probably feeling a mix of excitement and uncertainty, especially when it comes to the legal side of things. Between contracts, parental rights and citizenship paperwork, it’s a lot to navigate.
In the United States, surrogacy laws vary widely by state, and they can affect everything from birth certificates to how parentage is established. For international parents, the state where your baby is born can even determine how easily you’ll be able to secure approved U.S. citizenship and travel documentation.
That’s why we’re here to guide you. Whether you’re coming from abroad or living here in the States, understanding which states offer the most surrogacy-friendly laws can save you time and stress. In this blog, we’ll walk you through the best U.S. states to pursue surrogacy and what it may look like for your family’s future.
What Makes a State “Surrogacy-Friendly”?
Not all U.S. states treat surrogacy the same way. Some offer clear, legally supportive frameworks that protect the rights of both the surrogate and the intended parents, while others may create unnecessary complications, especially for families coming from abroad.
At Joy of Life, we consider a state to be surrogacy-friendly when it meets the following criteria:
- Recognizes surrogacy contracts as legal and enforceable. This ensures all parties understand their roles and protections throughout the journey.
- Allows intended parents to be listed directly on the baby’s birth certificate. Whether married or single, domestic or international, heterosexual or same-sex, your legal parenthood is acknowledged from day one.
- Provides a clear legal pathway to parentage. Through pre-birth or post-birth court orders, your parental rights are established quickly and confidently.
- Does not require the surrogate to be listed on the final birth certificate. This simplifies the legal process and avoids confusion, particularly when applying for travel documents or citizenship.
For both international and U.S.-based intended parents, these legal protections are essential. They ensure peace of mind that your child’s legal parentage will be recognized clearly and promptly, avoiding delays, disputes or added emotional stress during such an important life moment. For international families in particular, this also supports the timely processing of U.S. citizenship and travel documents.
The 22 Best States for Surrogacy
Certain U.S. states have earned a reputation for making the surrogacy process as smooth and secure as possible. These states offer strong legal support for intended parents, clearly recognize gestational surrogacy contracts and help parents establish their legal rights from the very beginning.
No matter if you live in the U.S. or overseas, choosing one of these surrogacy-friendly states can save you time, stress and legal headaches.
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- Hawaii
- Illinois
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- Oregon
- Rhode Island
- Vermont
- Washington
- Wisconsin
States with Additional Legal Complexities (But Still Possible)
Some states aren’t as clear-cut as the 22 states above, but surrogacy is still possible in many of them, especially if you live in the U.S.. However, the legal processes in these states can be slower, less predictable or require additional steps that may be difficult for international families to navigate.
In some cases:
- Surrogacy contracts may not be clearly enforceable
- The surrogate may be required to appear on the initial birth certificate
- Pre- or post-birth parentage orders can be delayed or difficult to obtain
- Legal precedents that change from one county to the next, adding uncertainty
Despite these challenges, Joy of Life continues to work with surrogates from many of these states, especially when matched with U.S.-based intended parents who don’t require documentation for international travel or citizenship.
States where extra legal caution is needed:
- Alabama
- Alaska
- Arkansas
- Florida
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Mississippi
- Missouri
- Montana
- New Hampshire
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- West Virginia
- Wyoming
At Joy of Life, our experienced legal partners help navigate the additional complexities these states may present. While we prioritize surrogates from more surrogacy-friendly states, we do not automatically exclude these regions.
States to Avoid for Surrogacy
While many states in the U.S. support or permit surrogacy in some form, there are still a few where gestational surrogacy is either legally prohibited or highly restricted, making it unviable for intended parents and agencies to operate safely and effectively.
At this time, Joy of Life does not support surrogacy arrangements in the following states due to legal barriers that prevent enforceable contracts or criminalize compensated surrogacy:
Prohibited states:
- Nebraska – Compensated surrogacy is illegal and may be treated as a criminal offense.
- Louisiana – Only altruistic surrogacy is allowed under very narrow conditions, excluding most intended parents and agency-supported matches.
If laws change in the future, these states may become part of our surrogacy network. Until then, we prioritize working in legally secure environments to protect all parties involved.
What This Means for You
Navigating the world of surrogacy can feel overwhelming, but knowing where the process is safe and supported can make all the difference. Whether you’re an international couple longing for a family or a U.S.-based parent seeking the right match, the state in which your surrogate lives can impact everything from your legal rights to how quickly your baby can come home.
For international intended parents, choosing a surrogate in one of the 22 surrogacy-friendly states ensures:
- A faster, clearer path to U.S. citizenship and travel documents for your child
- Legal recognition of your parenthood before or shortly after birth
- Fewer bureaucratic obstacles and greater peace of mind
For U.S.-based intended parents, you have greater flexibility:
- The 22 preferred states still offer the smoothest legal experience
- Surrogates in other states may also be viable, especially for domestic-only cases
- Joy of Life’s legal partners provide case-by-case guidance to ensure every match is secure, compassionate and compliant
How Joy of Life Supports You
At Joy of Life, we treat surrogacy as a true partnership. From legal coordination to emotional care, we walk with you every step of the way.
You’ll receive:
- Personalized guidance tailored to your needs and location
- Legal support to protect your parenthood from day one
- Emotional and logistical care from a team that truly understands
No matter where you live or where your surrogate resides, you deserve clarity, understanding and confidence on your path to parenthood.
Ready to Start Your Surrogacy Journey?
Whether you’re just beginning or ready to take the next step, we’re here to help you build the family you’ve been dreaming of.
Apply to become an intended parent or contact our team for more information.
*A Note on Surrogacy Laws by State
Surrogacy laws are complex and evolving, and visual maps or summaries may not always reflect the full legal picture. This guide is based on internal legal guidance and Joy of Life’s extensive experience supporting both domestic and international intended parents. While some states may appear “cautionary” on public resources, our classifications reflect practical, legal and logistical realities specific to surrogacy outcomes, particularly when it comes to establishing parentage and securing documentation.
For the most accurate advice on your unique circumstances, we always recommend speaking directly with our team or one of our trusted legal partners.
