Surrogacy laws are ever changing. Below we’ve complied a list of known surrogacy laws in each state. Please be sure to check with a reproductive lawyer in your state to confirm all current laws and potential issues.
Surrogacy Laws State by State with Color coded Map

State by State Surrogacy Laws:

Alabama

Gestational Surrogacy is allowed in Alabama. However, results may vary by county.

Alaska

Gestational Surrogacy is allowed in Alaska. However, there are many unknowns regarding surrogacy in Alaska. Proceed with caution.

Arizona

Arizona law prohibits all surrogacy agreements, and contracts are unenforceable. However, surrogacy is still practiced in the state of Arizona. Proceed with caution.

Arkansas

Gestational Surrogacy is allowed in Arkansas, with stipulations. Your results may vary depending on such factors as marital status, sexual orientation, and biological relationship to the child.

California

Gestational Surrogacy is fully permitted and allowed in California.

Colorado

Gestational Surrogacy is allowed in Colorado, as no direct law prohibits surrogacy. However, some results may vary by county.

Connecticut

Gestational Surrogacy is fully permitted and allowed in Connecticut.

D.C. Surrogacy Laws

District of Columbia prohibits all surrogacy agreements.

Delaware

Gestational Surrogacy is fully permitted and allowed in Delaware.

Florida

Gestational Surrogacy is allowed in Florida, for married couples only. All other couples will need to take extra legal steps.

Georgia

Gestational Surrogacy is allowed in Georgia. However, individual results may vary.

Hawaii

Gestational Surrogacy is allowed in Hawaii. However, only Post-Birth Parentage Orders are granted. This may require extra legal steps

Idaho

Gestational Surrogacy is allowed in Idaho. However, only Post-Birth Parentage Orders are granted. This may require extra legal steps. More information here.

Illinois

Gestational Surrogacy is permitted and allowed in Illinois. Individual results may vary by county.

Indiana

Indiana surrogacy law states that all surrogacy contracts are unenforceable. However, surrogacy is still practiced in the state. Proceed with caution.

Iowa

Surrogacy in Iowa is unclear, but seems to be allowed. Individual results may vary. Proceed with caution.

Kansas

Gestational Surrogacy is allowed in Kansas. There are no direct laws for or against surrogacy within the state of Kansas.

Kentucky

Gestational Surrogacy is allowed in Kentucky. However, results may vary by county.

Louisiana

Gestational Surrogacy is allowed in Louisiana. However, some scenarios and situations may be deemed unenforceableProceed with caution.

Maine

Gestational Surrogacy is fully permitted and allowed in Maine.

Maryland

Gestational Surrogacy is fully permitted and allowed in Maryland.

Massachusetts

Gestational Surrogacy is fully permitted and allowed in Massachusetts. Some results may vary by county.

Michigan

All surrogacy agreements are prohibited by law in Michigan. Let it also be known that surrogacy contracts for compensation are subject to criminal penalties within the state of Michigan.

Minnesota

Gestational Surrogacy is allowed in Minnesota. However, results may vary.

Mississippi

Gestational Surrogacy is allowed in Mississippi. However, individual results may vary.

Missouri

Gestational Surrogacy is allowed in Missouri. However, results may vary by county.

Montana

Gestational Surrogacy is allowed in Montana. However, as surrogacy is not widely done in the state of Montana, there are many unknowns.

Nebraska

Compensated surrogacy agreements are considered void and unenforceable in the state of Nebraska. However, surrogacy is still practiced in Nebraska. Proceed with caution. R.R.S. Neb. 25-21, 200

Nevada

Gestational Surrogacy is fully permitted and allowed in Nevada.

New Hampshire 

Gestational Surrogacy is fully permitted and allowed in New Hampshire.

New Jersey

Surrogacy contracts are not upheld in the state of New Jersey. Therefore contracts are void and unenforceable.

New Mexico

Gestational Surrogacy is allowed in New Mexico, as there are no direct laws regarding surrogacy.

New York

All surrogacy agreements in the state of New York are void and unenforceable. Let it also be known that surrogacy contracts for compensation are subject to fines within the state of New York.

North Carolina

Gestational Surrogacy is allowed in North Carolina. Individual results may vary.

North Dakota

Gestational Surrogacy is allowed in North Dakota. However, Traditional Surrogacy is forbidden within the state. 

Ohio

Gestational Surrogacy is fully permitted and allowed in Ohio. Referencing J.F.v.D.B.,879N.E.2d740.

Oklahoma

Gestational Surrogacy is allowed in Oklahoma, as there are no direct laws on surrogacy. Some consider this state to have legal hurdles. Please proceed with caution. Visit Tucker Law Firm for more information.

Oregon

Gestational Surrogacy is fully permitted and allowed in Oregon.

Pennsylvania

Gestational Surrogacy is allowed in Pennsylvania per Baby S. Appeal of S.S, 2015 Pa. Super. 244 that rules surrogacy contracts are valid and enforceable.

Rhode Island

Gestational Surrogacy is fully permitted and allowed in the state of Rhode Island.

South Carolina

Gestational Surrogacy is allowed in South Carolina, as there are no laws that prohibit surrogacy. However, individual results may vary with certain factors.

South Dakota

Gestational Surrogacy is allowed in South Dakota, however individual results may vary.

Tennessee

Gestational Surrogacy is allowed in Tennessee, however this law pertains to married couples only. For further information visit TN Baby Law.  

Texas

Gestational Surrogacy is allowed in Texas, with stipulations. Individual results may vary by county.

Utah

Gestational Surrogacy is allowed in Utah, however individual results may vary by county.

Vermont

Gestational Surrogacy is permitted in Vermont, however individual results may vary by county.

Virginia

Gestational Surrogacy is permitted in Virginia, with stipulations. Proceed with caution.

Washington Surrogacy Laws

Washington ONLY allows uncompensated surrogacy arrangements. All compensated surrogacy agreements are deemed illegal and unenforceable. Let it also be known that surrogacy contracts for compensation are subject to criminal penalties within the state of Washington.

West Virginia

Gestational Surrogacy is allowed in West Virginia, however individual results may vary by county.

Wisconsin

Gestational Surrogacy is allowed in Wisconsin, however individual results may vary by county.

Wyoming

Surrogacy law is unclear in Wyoming. Proceed with caution.




For a complete outline of surrogacy laws in your state, please visit the Surrogacy Map at Creative Family Connections, which is updated regularly.