Surrogacy can be one of the most meaningful ways to build a family, but it also involves important legal considerations. In the United States, those legal aspects are shaped at the state level, not the federal level. That means each state has its own rules, which can affect everything from who is eligible to participate in surrogacy to how legal parentage is established at birth.
Whether you’re considering becoming a surrogate or growing your family through surrogacy, having clarity on the legal framework helps ensure your journey is safe, supported and successful. This guide breaks down the current surrogacy laws in all 50 states and the District of Columbia and reflects the most up-to-date legal information available in 2025.
Surrogacy Laws by State
Every state approaches surrogacy differently. Some offer clear legal pathways, while others provide little or no guidance. Below, you’ll find an overview of each state’s current legal stance, including whether surrogacy is permitted, how parentage is established and what intended parents and surrogates can expect.
Alabama
Surrogacy is permitted in Alabama, though legal clarity is still evolving. Pre-birth parentage orders are generally available for married couples and single intended parents, while unmarried couples may need to complete a stepparent adoption later. Alabama Code § 26-17-702 affirms parental rights for children conceived through donated genetic material, and payments to surrogates are excluded from adoption-related prohibitions under Ala. Code § 26-10A-34(c). Notably, a recent Supreme Court ruling classifies embryos as “children” under wrongful death statutes, though state law SB 159 now protects IVF providers from liability.
Alaska
There are no specific statutes regulating surrogacy in Alaska, but the process is generally accepted. Courts have granted pre-birth parentage orders when both intended parents are married and genetically related to the child. In other cases, such as same-sex couples or non-genetic parents, a post-birth adoption is often required to secure legal rights.
Arizona
Arizona law, under A.R.S. § 25-218, declares compensated surrogacy contracts void and unenforceable. Despite this, courts have increasingly recognized pre-birth parentage orders when at least one intended parent is genetically related to the child. However, second-parent adoptions remain prohibited, leaving unmarried non-genetic parents with limited options for establishing legal parentage.
Arkansas
Gestational surrogacy is explicitly allowed under Arkansas Code § 9-10-201. Pre-birth parentage orders are generally issued to married couples or single intended parents with a genetic link to the child. For unmarried couples, only the genetic parent may be named on the initial order, while the non-genetic partner may need to complete a second-parent adoption, often out of state, to establish full legal rights.
California
California is widely regarded as one of the most surrogacy-friendly states in the U.S. Pre-birth and post-birth parentage orders are available regardless of marital status, sexual orientation, or genetic relationship. The law supports both gestational and traditional surrogacy, with extensive case law and statutory protections (e.g., Cal. Fam. Code §§ 7960–7962). California also permits second-parent and stepparent adoptions.
Colorado
Colorado permits gestational surrogacy through clear legal statutes, including Colorado Revised Statutes § 19-4.5-101 et seq. Intended parents, regardless of genetic relation, marital status or sexual orientation, can typically secure pre-birth parentage orders if statutory requirements are met. The law emphasizes intent over biology, providing a strong legal foundation for surrogacy agreements.
Connecticut
Connecticut’s Parentage Act (C.G.S. § 46b-450 et seq.) supports both gestational and traditional surrogacy arrangements. Courts routinely grant pre-birth orders regardless of genetic ties or relationship status, provided the surrogacy agreement meets statutory guidelines. The process is managed through probate court, and second-parent and stepparent adoptions are also permitted for added legal security.
Delaware
Delaware’s surrogacy laws are outlined in § 8-801 to § 8-810 of the Delaware Code, offering clear protections for both intended parents and surrogates. Pre-birth parentage orders are commonly granted and available to individuals or couples regardless of marital status or genetic relationship. If needed, second-parent and stepparent adoptions provide additional legal backup.
District of Columbia
D.C. recognizes both gestational and traditional surrogacy under Chapter 4 of Title 16 of the D.C. Code. The law sets clear guidelines for agreements, parentage procedures, and eligibility. At least one party must reside in D.C., or the birth must occur there for the statute to apply. Courts offer flexibility, and D.C. often recognizes valid parentage orders from other states to ensure intended parents are listed on the birth certificate.
Florida
Florida law allows for enforceable surrogacy contracts under two key statutes: § 742.15 for married couples using their own genetic material and § 63.213 for other intended parent situations, including single parents and those using donor gametes. While pre-birth hospital orders can be issued, legal parentage is finalized through a post-birth court order filed within 72 hours of delivery.
Georgia
While Georgia has no statutes that explicitly govern surrogacy, it remains a surrogacy-friendly state in practice. Courts regularly uphold gestational surrogacy agreements and issue pre-birth parentage orders, even in cases involving single intended parents or same-sex couples. These orders are generally granted regardless of marital status or genetic connection, though working with experienced legal counsel is essential to navigate varying county practices.
Hawaii
Hawaii does not have statutes specifically addressing surrogacy, and pre-birth orders are not available. However, courts will typically grant post-birth parentage orders when at least one intended parent is genetically related to the child. Non-genetic intended parents must complete a post-birth adoption to secure parental rights, which may include a stepparent or second-parent adoption, depending on the couple’s marital status. The process can vary by county and judge.
Idaho
Idaho now expressly permits gestational surrogacy under Idaho Code § 7-1601 et seq. The law allows intended parents to enter into enforceable gestational agreements that must be validated by the court before or within seven days after the child’s birth. Once validated, the court issues a final parentage order recognizing one or both intended parents, regardless of marital status or genetic connection, and directs the issuance of a birth certificate. This statute provides clear legal protections and eliminates the need for additional adoptions or legal steps post-birth.
Illinois
Illinois is considered one of the most surrogacy-friendly states in the country. The Illinois Gestational Surrogacy Act (750 ILCS 47/1–47/75) sets detailed requirements for enforceable surrogacy agreements. It allows intended parents to be listed on the birth certificate without a court order, as long as they comply with statutory guidelines and one parent is genetically related to the child. While pre-birth orders are typically unnecessary, they are available, especially for international intended parents. The law is inclusive of married, unmarried, heterosexual and same-sex couples.
Indiana
Gestational surrogacy contracts are considered void and unenforceable under Indiana Code § 31-20-1-1 if they include certain provisions. Despite this, surrogacy still takes place in Indiana, and agreements are commonly used to clarify intent and guide the process. Courts may grant pre-birth parentage orders, even in cases involving donor material or non-traditional family structures. While the legal foundation is not as strong as in other states, courts often support intended parent rights through post-birth proceedings and available adoption options.
Iowa
Surrogacy is permitted and supported under Iowa Code § 710.11 and Iowa Admin. Code r. 641-99.15. The Iowa Supreme Court has affirmed the enforceability of gestational surrogacy agreements (P.M. & C.M. v. T.B. & D.B., 2018). However, pre-birth orders are limited — typically only granted to genetically related intended fathers. Non-genetic intended parents must complete a post-birth adoption and intended mothers with a genetic link must obtain parentage post-birth. Courts also require termination of any parental rights held by the surrogate and her spouse.
Kansas
Kansas does not prohibit surrogacy and supports it under the Kansas Parentage Act (K.S.A. § 23-2201 et seq.) and K.S.A. § 59-2111 et seq. for adoptions. Courts regularly issue pre-birth orders when at least one intended parent is genetically related to the child. If donor eggs or sperm are used, or one parent isn’t biologically related to the child, they may need to go through a court process like adoption or getting a legal order to be officially recognized as the child’s parent. Although most contract provisions are enforced, those involving pregnancy termination may be restricted. Kansas allows compensated traditional surrogacy but with added legal complexities.
Kentucky
Kentucky law prohibits compensated traditional surrogacy under KRS § 199.590(4), which voids any agreement that compensates a woman for insemination and termination of parental rights. However, gestational surrogacy is not expressly addressed, and pre-birth parentage orders are typically granted to married couples or single intended parents who are genetically related to the child. Non-genetic intended parents and unmarried couples usually need to pursue a post-birth adoption to establish full legal rights.
Louisiana
Surrogacy in Louisiana is legal but tightly restricted under Louisiana Revised Statutes § 9:2718–2720.13. Gestational surrogacy is permitted only for married heterosexual couples who are Louisiana residents and both genetically related to the child. Donor gametes are not allowed. The statute outlines strict contractual requirements, and failure to comply could result in civil and criminal penalties, including fines and imprisonment. Because of these limitations, surrogacy in Louisiana is rarely pursued without significant legal oversight.
Maine
Maine offers one of the most comprehensive legal frameworks for surrogacy in the U.S., outlined in the Maine Parentage Act, Title 19-A, Chapter 61. The law permits gestational surrogacy and clearly defines eligibility for both intended parents and surrogates, regardless of marital status, gender identity, sexual orientation or genetic connection. Pre-birth parentage orders are routinely granted, with either the intended parent(s) or the surrogate filing the petition. A brief court hearing is always required, and while Maine does not honor out-of-state birth orders, its in-state process is reliable and inclusive.
Maryland
Maryland has a strong, established court process that supports gestational surrogacy, even though there are no formal statutes governing it. Based on case law, including In re Roberto d.B. (2003), pre-birth parentage orders are widely accepted. Intended parents can secure legal recognition before or after birth, whether they are single, LGBTQ+ or using donor gametes. The surrogate is never listed on the birth certificate, and vital records will honor parentage orders from other states. Traditional surrogacy is permitted but comes with additional legal risks, especially for non-genetic intended parents who may need to complete an adoption post-birth.
Massachusetts
While Massachusetts does not have specific surrogacy statutes, its courts strongly support gestational surrogacy through case law. The state recognizes the concept of intentional parenting and allows for pre- or post-birth parentage orders, regardless of marital status or genetic relationship. Key rulings, such as Culliton v. Beth Israel Deaconess Medical Center (2001), Partanen v. Gallagher (2016) and Adoption of a Minor (2015), provide a strong legal basis for surrogacy arrangements and parentage related to assisted reproductive technology (ART). Traditional surrogacy agreements are not enforceable and must follow adoption procedures.
Michigan
Michigan was once one of the most restrictive states for surrogacy, but that changed with the passage of the Michigan Family Protection Act, which repealed the ban on compensated surrogacy contracts and replaced it with a clear, inclusive legal framework. Under the new law, intended parents are recognized as the legal parents of children born through surrogacy, even if there is no genetic connection. The statute requires that all parties have independent legal representation, that the surrogate be medically screened, and that all agreements meet specific standards to be valid. With these protections in place, intended parents can now safely and legally pursue surrogacy in Michigan without the fear of outdated legal barriers.
Minnesota
Minnesota does not have statutes explicitly permitting or prohibiting surrogacy, and under the state’s Parentage Act (Minn. Stat. §§ 257.51–257.74), any legal request to establish parentage must wait until after the baby is born. That said, some attorneys have successfully secured pre-birth orders through the Declaratory Judgment Act (Minn. Stat. § 555.01 et seq.), though outcomes vary widely by county. Courts do allow post-birth orders for intended parents regardless of genetic connection, and stepparent or second-parent adoptions are available for both heterosexual and same-sex couples.
Mississippi
Mississippi has no laws specifically regulating surrogacy, but courts are generally favorable toward it. Pre-birth orders are commonly granted, even in cases where neither intended parent is genetically related to the child. Post-birth adoptions are also available and can be expedited. While the state lacks a formal statutory framework, its overall approach is permissive with proper legal guidance.
Missouri
Missouri does not have statutes that explicitly permit or prohibit surrogacy, but legal parentage can be established through the Missouri Uniform Parentage Act (MOUPA), codified in Mo. Rev. Stat. §§ 210.817–210.852. Pre-birth parentage orders are not allowed, but attorneys may file paperwork in advance to streamline post-birth proceedings. Courts typically grant parentage orders after delivery for married couples or single intended parents with a genetic connection. In some cases, orders have also been granted to single intended parents without one. However, Missouri law lacks a clear path for non-genetic, unmarried partners to establish parentage, making legal guidance essential.
Montana
Surrogacy is neither prohibited nor specifically addressed by statute in Montana, but courts are generally supportive. Pre- or post-birth parentage orders are typically granted when at least one intended parent is genetically related to the child. Legal references include Montana Code Annotated § 40-6-106 (artificial insemination), § 40-5-235 (parentage orders) and § 40-4-302 (stepparent adoptions). Unmarried, non-genetic intended parents may face more hurdles and could require an adoption to secure legal parentage.
Nebraska
Nebraska is one of the most restrictive states when it comes to surrogacy. Under Nebraska Revised Statute § 25-21,200, surrogacy contracts are void and unenforceable, although not illegal. Pre-birth parentage orders are not issued. Instead, genetically related intended parents may use parents may use an Acknowledgment of Paternity (Neb. Rev. Stat. § 43-1409) or Acknowledgment of Maternity at the hospital if the surrogate and her spouse consent. All other intended parents must complete a post-birth adoption. While stepparent adoptions are permitted, second-parent adoptions are not recognized.
Nevada
Nevada offers one of the country’s most comprehensive and inclusive surrogacy legal frameworks, outlined in Nevada Revised Statutes §§ 126.500–126.810. The law clearly permits gestational surrogacy and provides access to pre-birth parentage orders for all intended parents, regardless of marital status, sexual orientation or genetic link. As long as parties meet the statutory requirements, Nevada courts will issue binding parentage orders and birth certificates reflecting the intended parents’ names, making it a preferred state for many surrogacy journeys.
New Hampshire
New Hampshire is one of the most surrogacy-friendly states in the U.S., with clearly outlined protections for all parties involved. Under N.H. Rev. Stat. Ann. § 168-B, gestational surrogacy is explicitly permitted, and both pre- and post-birth parentage orders can be obtained by any intended parent, regardless of marital status, gender identity or genetic connection to the child. The law also allows either the intended parent(s) or the surrogate to file for the parentage order, which is typically granted without a formal hearing. While New Hampshire may recognize out-of-state orders, working within the state’s framework offers added legal certainty.
New Jersey
Thanks to the New Jersey Gestational Carrier Agreement Act of 2018, gestational surrogacy is fully legal and supported throughout the state. Intended parents, whether single or coupled, married or unmarried and regardless of whether they’re genetically related to the child, can obtain pre-birth parentage orders without issue. The law also defines gamete donors as having no parental rights or responsibilities. With strong legal protections and court recognition, New Jersey is a safe and inclusive environment for building families through surrogacy.
New Mexico
New Mexico takes a neutral but accommodating stance on gestational surrogacy. While N.M. Stat. Ann. § 40-11A-801 doesn’t explicitly permit or prohibit surrogacy, it affirms that a person who consents to assisted reproduction with intent to parent is legally recognized. Pre-birth parentage orders are commonly granted, including in cases involving single parents or non-genetic relationships, though some scenarios may carry a bit more legal uncertainty. As always, working with knowledgeable counsel helps ensure a smooth legal process.
New York
New York is now home to one of the most comprehensive and inclusive surrogacy laws in the nation. The Child-Parent Security Act (N.Y. Fam. Ct. Act Art. 5-C) took effect in 2021, legalizing compensated gestational surrogacy and setting strict standards for enforceable agreements. This statute ensures equal access regardless of gender, sexual orientation, marital status or genetic connection. It also includes a detailed “Surrogate’s Bill of Rights” covering legal counsel, medical autonomy and insurance. Agencies must be licensed by the New York Department of Health, and both parties must have legal representation from attorneys licensed in New York. Traditional surrogacy remains prohibited.
North Carolina
North Carolina does not have any laws explicitly allowing or banning surrogacy, which means outcomes often depend on the county and judge. Pre-birth parentage orders are possible in some areas, but this is not guaranteed statewide. While stepparent adoptions are allowed, second-parent adoptions are not recognized in North Carolina. Due to these variables, legal guidance is especially important when navigating a surrogacy arrangement in this state.
North Dakota
North Dakota is one of the few states that formally permits gestational surrogacy by statute. Under N.D. Cent. Code § 14-18, intended parents can obtain pre-birth parentage orders when at least one is genetically related to the child. The law is less clear for cases involving no genetic link, but courts may still be willing to issue parentage orders. When needed, both stepparent and second-parent adoptions are allowed to secure full legal rights.
Ohio
Surrogacy is legally permitted in Ohio thanks to case law rather than specific statutes. The Ohio Supreme Court decision in J.F. v. D.B., 879 N.E.2d 740 (2007) upheld the enforceability of surrogacy contracts and found no violation of public policy. Pre-birth parentage orders are generally obtainable across most counties, regardless of marital status, sexual orientation or biological connection to the child. Although judge-by-judge variation exists, Ohio remains a surrogacy-friendly state overall.
Oklahoma
Oklahoma legalized gestational surrogacy in 2019 through the Oklahoma Gestational Agreement Act (House Bill 2468), creating a reliable legal framework for intended parents. Pre-birth parentage orders can be obtained by either single individuals or married couples, even if they are not genetically related to the child. However, a key requirement is that the gestational carrier agreement must be court-validated before embryo transfer. Additionally, both parties must be represented by Oklahoma-licensed attorneys throughout the process.
Oregon
Surrogacy is legally supported in Oregon, even though the state has no formal statutes explicitly authorizing it. Courts regularly grant pre-birth parentage orders, especially when one or both intended parents are genetically related to the child. If neither intended parent has a genetic connection, they may still be able to establish legal parentage through a court order, though outcomes can vary by county. Intended parents may also pursue a second-parent or stepparent adoption if needed. Oregon law (ORS 109.239, 109. 243 and 109.247) clarifies parental rights in assisted reproduction and recognizes the legal status of non-donor intended parents.
Pennsylvania
While Pennsylvania doesn’t have statutes that directly address surrogacy, it’s considered a favorable state due to long-standing court practices. Pre-birth parentage orders are typically granted in many counties, though the specific requirements and procedures may vary depending on the judge. Courts also permit post-birth adoptions, including both stepparent and second-parent processes. Although not yet codified, surrogacy is generally accepted and supported throughout the state.
Rhode Island
Rhode Island expressly permits gestational surrogacy under the Rhode Island Uniform Parentage Act, which went into effect in 2021. The law allows intended parents, regardless of marital status, sexual orientation or genetic connection, to obtain a birth order before or after the child is born. A U.S. residency requirement applies to at least one intended parent. The Act provides a clear and inclusive legal framework for establishing parentage and protecting all parties involved in a surrogacy arrangement.
South Carolina
Although South Carolina lacks specific statutes on surrogacy, it’s generally supportive of gestational arrangements. The case Mid-South Ins. Co. v. Doe, 274 F. Supp. 2d 757 (2003) reinforces the enforceability of surrogacy contracts. Intended parents, whether married or single, LGBTQ+ or heterosexual, can obtain pre- or post-birth parentage orders, though procedures may differ slightly by county. With proper legal guidance, surrogacy in South Carolina can be a secure and well-supported path to parenthood.
South Dakota
South Dakota has no laws directly addressing surrogacy, but courts routinely grant pre-birth parentage orders in most cases, regardless of marital status, gender or genetic connection. Post-birth adoptions are also available to help establish legal parentage when needed. However, SDCL § 22-17-14 makes it illegal to include any provision in a surrogacy contract that coerces or penalizes a surrogate for refusing an abortion. Because of this, careful legal drafting is essential to ensure compliance while still supporting the parties’ wishes.
Tennessee
Tennessee does not formally authorize or prohibit surrogacy, but Tenn. Code Ann. § 36-1-102(48) does define it. Courts will grant pre-birth parentage orders only when at least one intended parent is genetically related to the child. In those cases, only the genetic parent is named on the order, and the non-genetic parent must complete a post-birth adoption. If the intended parents are married, they may pursue a stepparent adoption; if unmarried, legal parentage for the second parent becomes more complex.
Texas
Texas permits gestational surrogacy under Tex. Fam. Code §§ 160.751–160.763, which outlines the requirements for valid and enforceable agreements. A Texas court must validate the surrogacy contract before a pre-birth order can be issued. While the statute specifically applies to married intended parents, some courts may still grant parentage orders to unmarried parents. The law also requires proof of medical necessity for surrogacy, as stated in § 160.756(b)(2), which ensures that surrogacy is used in medically justified cases.
Utah
Utah permits gestational surrogacy for married intended parents under Utah Code Ann. § 78B-15-801. Pre-birth parentage orders are available, regardless of whether the intended parent shares a genetic connection with the child. However, unmarried intended parents are not eligible under current law, making Utah a more restrictive state in terms of eligibility.
Vermont
The Vermont Parentage Act (Title 15C, V.S.A. §§ 801–809) fully supports gestational surrogacy arrangements. Intended parents, regardless of marital status, sexual orientation or genetic connection to the child, can enter into enforceable agreements and obtain pre- or post-birth parentage orders through the Probate Division of the Superior Court. The law clearly defines the process and eligibility criteria, offering a safe and inclusive legal pathway to parenthood.
Virginia
Virginia’s Status of Children of Assisted Conception Act permits surrogacy but uses a unique legal framework. Intended parents may establish parental rights through either a court-approved process, which requires judicial oversight and a home study, or an administrative model, where documents are filed with the registrar after birth. The administrative route is commonly used and recognized by Virginia hospitals and courts. However, intended parents must be married, and same-sex couples are advised to pursue additional legal steps if residing outside the state.
Washington
Gestational and traditional surrogacy are both permitted under RCW 26.26A, Washington’s parentage law. Intended parents of any marital status or sexual orientation, with or without a genetic connection to the child, can obtain pre-birth parentage orders provided their surrogacy agreements meet statutory requirements. Washington’s law offers one of the clearest and most inclusive surrogacy frameworks in the country.
West Virginia
West Virginia allows gestational surrogacy under W. Va. Code § 61-2-14h(e)(3). Pre-birth parentage orders are typically granted when the birth occurs in a West Virginia hospital, even if the intended parents are not genetically related to the child. However, results can vary by county and judge. While surrogacy is permitted, the legal process is not standardized statewide, so experienced legal support is essential.
Wisconsin
Wisconsin law recognizes surrogacy through court rulings such as Rosecky v. Schissel (2013), which upheld traditional surrogacy and implicitly validated gestational arrangements. Surrogacy contracts are enforceable when they align with the child’s best interests. Pre-birth parentage orders may be issued as interim rulings, but post-birth orders are still required to finalize parental rights and secure the intended parents’ names on the birth certificate.
Wyoming
Wyoming does not have laws that specifically permit or prohibit surrogacy. WY Stat § 14-2-403(d) is neutral on the issue, and surrogacy arrangements in the state are rare. Because there is little legal precedent, intended parents should proceed cautiously and consider securing legal recognition of parentage in a more surrogacy-friendly state whenever possible.
What These Laws Mean for Surrogates and Intended Parents
Whether you’re considering surrogacy as an intended parent or a surrogate, understanding your state’s legal landscape is essential. These laws don’t just determine if surrogacy is allowed; they shape every part of the process, from how parental rights are established to whether compensation is legally protected.
In states with clear laws, the path is typically smoother. Pre-birth parentage orders are available, contracts are enforceable and surrogates can be fairly compensated. But, in states without surrogacy statutes or with restrictions, outcomes can vary dramatically. Some courts may issue orders inconsistently, and in certain cases, agreements may not be recognized at all.
That’s why working with a reputable surrogacy agency and experienced legal professionals is so important. A well-drafted surrogacy contract, backed by knowledgeable attorneys representing both parties, can provide vital protection. And if your state has restrictive or unclear laws, a good agency can help you explore safe alternatives, such as matching across state lines in a surrogacy-friendly location.
How Joy of Life® Helps You Navigate State Surrogacy Laws
Understanding your state’s surrogacy laws is one of the most important steps you can take to begin your journey with confidence. Whether you’re planning to grow your family or help someone else do the same, having a clear picture of the legal landscape helps ensure everyone involved is protected and supported from the start.
Because laws can change, it’s always a good idea to verify the most current information with a qualified legal professional or surrogacy agency. And if your state has restrictions, you may still have options through trusted cross-state partnerships.
At Joy of Life®, we’re here to help you navigate every legal detail with clarity and care. Reach out to our team to learn how we support intended parents and surrogates across the U.S. with personalized, legally sound surrogacy journeys.
