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.
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 now fully permits surrogacy agreements. D.C. Code § 16–401
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. Post-Birth Order only. 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 unenforceable. Proceed 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. Ashley Pittman, an attorney practicing fertility law in Mississippi, has shared this information with us:
“Although we have no law on the books, I’ve been able to streamline the process of determining parentage via PBO for domestic and international clients, and having the birth certificates issued in a very timely manner (due to contacts at Vital Records who are helpful and sympathetic). Donor gametes and embryos have not been an issue.”
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 state now allows compensated surrogacy agreements for the first time. This new legislation will take effect in 2019.
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.