Surrogacy in the U.S. is a path that varies from state to state. Some people think of it as simple: not just find a surrogate mom to help carry a baby, pay money, sign a contract, medical examination and then get it done? But in reality, you have to face the biggest threshold, oftenIt's not the hospitals, it's not the money, it's the surrogacy laws.The

The United States is a federal country, each state is like an "independent kingdom" for their own, for surrogacy, some states are open like an open door: welcome to come here to have a baby, no matter you are the same sex, heterosexual, single, married, pro-life or non-proprietary can be; some states are very conservative, not only restrictive, but also may make the agreement becomes not only restrictive, but can make the agreement completely invalid, and may even run afoul of criminal red tape. Imagine the risk of spending all that money and effort only to have a child that is not legally recognized as yours right away.

So, in this article, Surrogate's House takes you on a bite-sized tour of all 50 states in the U.S. and breaks down the current status of the latest surrogacy laws for 2025 in each place:Which states are surrogacy-friendly and make it easy to get pre-birth paternity orders? Which states are especially supportive of unmarried or LGBTQ+ families? Where are there still invisible legal minefields?There are even newly passed bills in some states that quietly upend old rules that you may have accidentally missed.

If you are planning to start a family through surrogacy in the U.S., either as an expectant parent or as a surrogate mother, this information on state surrogacy laws is not "just a reference" but is directly related to your safety, rights, and the legal status of your future baby. If you want to save yourself the hassle, make sure you know the rules of the game in each state.

A quick look at state surrogacy laws

✅ Most Recommended (Surrogate Friendly, Legal Clarity, Protection) Features:

• Clear legislation or well-established judicial practice exists
• Regardless of marital status, sexual orientation, genetic linkage or not, the process mostly goes through smoothly
• Pre-birth paternity orders can be obtained
• High level of court support and overall secure environment

• California
• Colorado
• Connecticut.
• Delaware
• Illinois
• Nevada
• Maine
• Massachusetts (Massachusetts)
• New Hampshire.
• New Jersey (NJ)
• New York
• North Dakota
• Oklahoma (Oklahoma)
• Oregon
• Vermont
• Washington

⚠️Legal but with restrictions or gray areas (doable but higher risk or caution required)
Features:

• Laws are vague or only friendly to some groups of people
• Marital status, sexual orientation, genetic relationship more restrictive
• May need to be adopted after birth
• There is a lot of room for judge discretion, which varies significantly from county to county or judge to judge

• Alabama
• Alaska
• Arkansas
• Florida
• Georgia
• Hawaii
• Idaho
• Iowa
• Kansas
• Kentucky
• Maryland
• Minnesota.
• Mississippi (Mississippi)
• Missouri
• Montana
• New Mexico
• North Carolina
• Ohio
• Pennsylvania (Pennsylvania)
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas → Laws clearly but only allow married heterosexual couples
• Virginia
• West Virginia (WV)
• Wisconsin (Wisconsin)
• Wyoming

⛔ Illegal or strongly discouraged (prohibited by law or extremely risky)
Features:

• Prohibited or unenforceable by express law
• Contracts are void and may even carry criminal risks
• Surrogate mothers are considered legal mothers
• The process is extremely difficult or nearly impossible to navigate

• Arizona.
• Indiana
• Louisiana.
• Michigan
• Nebraska
• Utah → heterosexual married couples only, very restrictive, not suitable for most people

Second, Surrogate Friendly State 2025 Complete Details:

California

The king of the surrogacy world:California SurrogacyThe

Surrogacy in the United States, California is simply paradise. It doesn't matter if you'reMarried or unmarried, same-sex or opposite-sex, genetically linked or not genetically linked, it's all arranged in California.Gestational surrogacy is allowed here, as well as traditional surrogacy.. You want to do a second parent adoption or a stepparent adoption, California is equally welcoming.

California surrogacy legal protections can be airtight. TheCalifornia Family Code §7960-7962The "Surrogate" is a big backing, and the various jurisprudence is even more supportive. Doctors, clinics and lawyers are extremely experienced and the rights of surrogate mothers are strictly protected by law.

Recommended Reading:California Surrogacy Agency Rankings Updated 2025

Colorado

Then there's Colorado, which has literally been a rising star in the surrogacy world for a few years now. Not only is surrogacy allowed here, it's backed up by a very clear legal framework, theColorado Revised Statutes 19-4.5-101".

More importantly, the law here emphasizes "intent" over "biology." What does that mean? It means that whether or not you are the genetic parent of the child, if there is a clear intent to surrogate and the agreement is in compliance, there is a high probability that the court will issue a pre-birth paternity order.Married, unmarried, same-sex, singleAll can be done legally.

This gives a clear path to many people who do not fit into the traditional family structure. Overall, the Colorado surrogacy environment is very modern, with safe processes and clear laws.Want to save money but don't want to run to California and spend all that money? Colorado is definitely the way to go.

Connecticut, US state

Connecticut, definitely one of the big hot surrogacy destinations in the east as well. His pro-life law (CGS 46b-450 and below) is specifically designed to be used as a bailout.

As long as your surrogacy agreement meets the legal standards, the courts are happy to grant a paternity order before the child is born, whether you are married, unmarried, same-sex, opposite-sex, or genetically linked or not.

The process is generallyGo to Probate Court.It is also the Family Court. There is also legal support for second parent and stepparent adoptions, which gives so much more security to a diverse family structure. Overall, Connecticut's legal environment is perfect for people who want to be surrogates but don't want to compromise.

Delaware, US state

Delaware, though small, is way ahead of the curve when it comes to surrogacy. If you were to say which small eastern state has a good surrogacy environment, Delaware is definitely at the top of the list.

Delaware law is not simple.Sections 8-801 through 8-810 of the Delaware Code.The process of surrogacy is written quite clearly.

The protections for surrogacy agreements, vesting of rights, surrogate mothers and intended parents are pretty much in place here. Whether you are single or a couple, genetically linked or not, the court can issue an order for pre-birth paternity. If you want another layer of protection, you can also do a second parent or stepparent adoption.

Illinois, US state

You can't mention surrogacy without blowing up Illinois.This is the model student of surrogacy in America.The

Many people go straight to it as the surrogacy destination of choice. Why? Because not only are the laws written clearly here, but what's even more rare is that it's particularly friendly to all forms of family, which is an instant relief to the heart.

There's a very key piece of legislation here, theIllinois Gestational Surrogacy Act"(750 ILCS 47/1-47/75). The name may sound bureaucratic, but its existence is a real lifesaver for surrogacy families. It spells out all the details of the surrogacy agreement: the contract must be on paper, not just a verbal "yes"; and it must be signed and sealed by all those involved before the medical procedure begins.What goes into a contract? For example, what are the rights and obligations of each party, compensation for the surrogate mother, and what happens if a medical emergency occurs?Totality has to be clearly written so that no one can follow up with a tug of war.

And here's the sweetest thing about this bill: as long as it complies with the law and at least one of the parents is expected to be genetically related to the baby, they'll be able to put their name directly on the child's birth certificate.There's no need to go around to the courts for any additional orders.. That's not always available in other states, and most often there's a lot of running around to the courts, hiring lawyers, waiting in line for orders, and tossing around for a good part of a year.

Of course, it is not true to say that the law does not require a court order. Especially for parents-to-be who are flying in from abroad, many still choose to apply for a pre-birth order. Why? Because when a surrogacy client returns home, he or she will need to apply for citizenship or travel documents for the child. With a court order in hand, it is much smoother to go back to your home country to do the procedures, and there is also an additional layer of legal protection, the heart is more solid.

Even better, this Illinois law treats all types of families equally. It doesn't matter if you're married, unmarried, heterosexual or same-sex, you're covered by the law. No one is shut out because "the family form is not traditional enough." This kind of tolerance is, frankly, especially valuable when it comes to surrogacy, which is already full of sensitivities and emotional ups and downs.

Nevada

Nevada, on the other hand, is a "paradise" in the surrogacy world. As early as 2013, Nevada passed the Nevada Revised Statutes, which spells out the process of surrogacy in clear terms: how to sign a contract, how to confirm legal status, and all the rest.

It doesn't matter if you're single, married, same-sex, or opposite-sex, you can legally engage in surrogacy here. And the courts are so cooperative and the laws are so stable that surrogate mothers and intended parents are well protected by the law.

If you're on a budget and looking for stability, Nevada is definitely an excellent choice.

Maine

Maine has a very comprehensive body of law called the Maine Parenting Act (Part 19-A, Chapter 61). Doesn't the name sound a bit obscure? In reality, it's specifically designed to protect the rights of surrogate families. It says it all: Maine allows gestational surrogacy and is very lenient on the qualifications of prospective parents and surrogate mothers; it doesn't matter if you're married or single, straight or gay, or transgender, and it doesn't matter if there's a genetic link between you and the child or not, you have the right to go down the surrogacy path. This egalitarian approach to the law is honestly considered very advanced even in the United States.

On a more intimate note.Pre-birth parentage orders are commonly granted in Maine.. What does that mean? It means that the parents-to-be or surrogate mother can go to court before the baby is born and apply for a piece of paper that confirms that the baby legally belongs to the parents-to-be, so thatAs soon as the child is born, the name of the prospective parents can be written directly on the birth certificate.The process is relatively smooth, although the program generally involves a trip to court for a short hearing. Although the program generally requires a trip to the courtroom for a short hearing, the process is relatively smooth and doesn't wear you out.

Of course, not everything is perfect. For example.Maine doesn't accept out-of-state birth orders.. In other words, if you're not giving birth in Maine, then don't expect to walk through the process out of state with a court order from here. The good news, though, is that as long as you're surrogating locally in Maine, the legal process here is both robust and inclusive, and the whole process is largely reassuring.

Massachusetts (Massachusetts)

When it comes to surrogacy, Massachusetts definitely deserves some credit. Although it has yet to pass a full-fledged surrogacy bill, it is practically a surrogacy-friendly role model.

Whether you are related to the baby or not, and whether you are single, same-sex, or an opposite-sex partner, the courts are willing to sign off on pre-birth paternity orders. Judges in this state are very familiar with surrogacy cases, and a number of top reproductive health centers are located here.

Massachusetts is on the level of "perfectly legal + smooth" even without legislation. Want to be a surrogate? This place is definitely on your bucket list.

New Hampshire.

New Hampshire is one of the "dark horses" of the small states. It passed the New Hampshire Revised Statutes, a complete surrogacy legislation, making it one of the few places in the country with a complete surrogacy law.

Not only is commercial gestational surrogacy allowed here, the courts will issue pre-birth paternity orders as long as the contract is compliant. And it can be done legally whether you are same-sex, opposite-sex, or a single parent.

The great thing about New Hampshire is that the laws are clear, the procedures are standardized, and the security is high. Bottom line, it's really worth considering.

New Jersey (NJ)

New Jersey's story is particularly dramatic. It used to be one of the most conservative places in the country about surrogacy. But in 2018, the state did a 180-degree turn and introduced theGestational Carrier Agreement Act".

This law has catapulted New Jersey from a "gray area" to a surrogacy-friendly state. Now, not only does it allow commercial surrogacy, but it also regulates the form of the contract, the distribution of benefits, and the details of legalization. Whether you're a same-sex couple or a single person, you can legally be a surrogate here, and the courts can issue pre-birth paternity orders.

From "strictly forbidden" to "warmly welcomed," New Jersey is truly the surrogate version of a comeback.

New York State (New York)

New York is arguably the biggest "turnaround" in the surrogacy world in recent years.

Child Parent Safety Act, 2021Article 5-C of the New York State Family Court Actofficially hit the road, completely legalizing commercial gestational surrogacy. Surrogacy contracts are now legally ironclad, with the rights and obligations of both parties expressly regulated, and the courts can also sign pre-birth paternity orders.

Whether you are a same-sex, opposite-sex, or single person, the surrogacy process can be completed legally if you qualify. Over the past few years, New York has become a surrogacy heavyweight on the East Coast, with many people flying in specifically to take care of their baby matters.

North Dakota (North Dakota)

North Dakota is kind of a state with a clearer surrogacy policy, and it's rare to feel a little safe.

Laws have been passed here specifically to support gestational surrogacy, requiring surrogacy contracts to be compliant and for both surrogate mothers and intended parents to have their own independent attorneys. Whether you are a same-sex couple or a single person, you can legally be a surrogate here.

However, remember one thing: traditional surrogacy is illegal in North Dakota. Overall, it's a place where the process is clear and the laws are relatively robust.

Oklahoma.

Oklahoma has kind of slowly moved from the Gray Area into the surrogate-friendly camp over the years.

Beginning in 2021, surrogacy agreements are formally legislated to be supported here, and gestational surrogacy is fully legally recognized. As long as the parties have signed an agreement that complies with the legislation, the court can grant a paternity order before the baby is born.

With or without a genetic link, and regardless of your marital or gender status, the surrogacy process here is considered safe. Oklahoma is an up-and-coming surrogacy state that has become increasingly popular in recent years.

Oregon

Oregon, while not explicitly legislated, has a nickname in surrogacy circles, "Little California on the West Coast."

The courts here are particularly supportive of surrogacy. Whether it's a gestational surrogate, a same-sex couple, a single person, or even if there is no genetic link, the court can sign a pre-birth paternity order if the process is done correctly.

Coupled with a well-developed local healthcare system, many people consider Oregon as one of their preferred surrogacy destinations. With open and flexible legal practices, it's a great state to consider.

Vermont (Vermont)

Vermont is a proper surrogate-friendly state.

In 2018, it was here that the adoption of theVermont Parentage Act", full support for gestational surrogacy. Regardless of gender, marital status, or whether there is a genetic link, the court can sign a pre-birth paternity order.

The process is very clear and transparent, and it's the kind of choice that gives you peace of mind.

Virginia

Virginia allows surrogacy, but the process is a bit cumbersome.

Surrogacy agreements here have to be submitted to the court for registration, review and have to fulfill a bunch of requirements. Heterosexual marriages and families are relatively the smoothest, but same-sex couples or singles, encounter quite a few obstacles.

In short, Virginia is one of those "can do, but complicated" places.

Washington State (WA)

Washington is arguably the star of the surrogacy world.

In 2019, the Uniform Parentage Act was passed here to fully support gestational surrogacy arrangements. Contracts have the force of law and the courts are able to make pre-birth paternity orders regardless of gender or marital status.

Washington can be called a state with very sophisticated and trustworthy laws when it comes to the matter of surrogacy.

III. Legal butriskystates

Alabama, US state

Technically, surrogacy is allowed here in Alabama, but the legal landscape is still "semi-vague". What does that mean? It means that although it is legally permitted, it isThere are some details that haven't been fully legislated.The

For example, if you're a married couple, or single and planning to be your own mom or dad, you'll more than likely be able to get a pre-birth paternity order with no problem. But.If you are not married (e.g. in a common-law partnership), you will probably have to wait for the child to be born and "step-parent adoption" to complete the legal formalities.

Interestingly, Alabama has a law (Code of Alabama §26-17-702), in fact, has explicitly recognized the parental rights of children conceived through genetic material such as sperm and egg donation. This is very modern.

Another thing worth mentioning is that a while back the Alabama Supreme Court had a case that recognized embryos as "children," even in the area of wrongful death law. This scared the hell out of the IVF community, because if the embryos were considered "children", many medical practices could be subject to lawsuits. Fortunately, a law was passed (SB159The fact is that the IVF (In Vitro Fertilization) providers are "covered" and are not liable for embryo problems. In short, surrogacy is available in Alabama, but there are a lot of pitfalls, so be careful where you go.

Alaska, US state

What about Alaska? It's actually pretty liberal, with no laws against surrogacy in particular to restrict it. But don't think that the lack of laws means you can do whatever you want. In fact, it's customary in the courts here that if a married couple is involved and at least one of them is genetically related to the baby, you can usually get a paternity order taken care of before the child is born.

But if you're in a same-sex relationship, or not related to the baby at all, it doesn't always work out so well.. In most cases, such families will have to wait for the child to be born and then go through the adoption process to get their legal status straightened out. Simply put, Alaska is not considered a danger zone, but it depends on your family structure before you decide if you can get it done easily.

Arkansas, US state

Arkansas is instead more open-minded than many people think. The laws of the people are clearly written - gestational surrogacy is allowed in theArkansas Code 9-10-201 It's all written in there.

If you're a married couple, or a single expectant parent, you can basically get a pre-birth paternity order with no problem, as long as you're genetically linked to your child.

But yeah.If it's an unmarried partner, then at first the birth certificate can only bear the name of the biological parent.If the other half is not genetically related, you have to get a "second parent adoption" if you want to be legally connected to the child. And the adoption often has to be done out of state, which can be a real pain in the ass. But even so, at least Arkansas is willing to go along with the surrogacy process, making it one of the more reliable states in the South.

Florida

Let's start with Florida. It's a place that seems pretty welcoming at first glance, but it's actually pretty picky when it comes to surrogacy. Florida law does allow gestational surrogacy, but only for married heterosexual couples. Not only do they have to be married, but at least one of them has to be genetically linked to the baby. All of this is written in theSection 742.15, Florida Code.Ri, plain as day.

What does that mean?For example, if you're single, or in a same-sex couple, I'm sorry, it's much harder to go through the surrogacy process here. It's almost impossible to get through legally, and if you insist on doing it, you'll most likely have to rely on adoption to remedy the situation.

While surrogacy agreements are legal and valid in Florida, they do have quite a few overall restrictions. Simply put: Florida isn't out of the question, but the bar is high and picks and chooses people and relationships. If you don't qualify, it's really not recommended to test the waters lightly.

Georgia, US state

The surrogacy environment in Georgia is, to be honest, a bit of a "gray area". There is no law specifically governing surrogacy here, and while it sounds like freedom, there are actually a lot of hidden dangers.

In practice, surrogacy agreements are usually recognized by the courts, particularlyIn cases where at least one of the intended parents is genetically linked to the baby, that's when most judges are willing to sign off on pre-birth paternity ordersThe

But when it comes to same-sex couples, or people who have no genetic link to the child.Then things get complicated. The law doesn't give a clear path, and many times you have to wait for the baby to be born before going through the adoption process.

So yeah, when it comes to surrogacy in Georgia, it's best to make sure to hire a reliable attorney, or else you could really make one wrong move and lose everything.

Hawai, US state

Hawaii always gives people a sense of relaxation with the sea breeze and sunshine, but when it comes to surrogacy, things are not that easy.

There isn't any special legislation here that prohibits surrogacy, nor is there any special legal framework to support it. In practice, courts are mostly willing to grant pre-birth paternity orders if at least one of the intended parents is genetically linked to the baby.

butIt's not so simple if you're not related to the baby, or if you're in a same-sex relationship.The adoption of a child is not a matter for the court. The attitude of different judges varies greatly, some are cautious to the extreme and may insist on waiting until the child is born to do the adoption paperwork.

Overall, Hawaii is considered a legally neutral zone. If you want to get a surrogate here, don't just look at the beauty of the scenery, but also the temperament of the judge you get.

Idaho, US state

Plus Idaho. It's kind of a delicate situation here too, there's no specific surrogacy law, but it's not written to prohibit it either.

Basically, the courts decide surrogacy cases based on current paternity laws or prior case law. Courts are usually more willing to grant pre-birth paternity orders if at least one of the intended parents is related to the baby.

But when it comes to families with no genetic link, it's hard to say. A judge may refuse to approve it or require additional procedures. Overall, Idaho's legal landscape is murky.

Want to get a surrogate in Idaho? Be sure to hire an attorney. This is not a place to just barge in.

Iowa (US state)

Iowa is also pretty interesting. While there are no laws specifically written to regulate surrogacy, the courts are still usually willing to recognize surrogacy agreements, especially if at least one of the intended parents is genetically linked to the child.

Most judges in this situation are happy to sign off on a living paternity order, giving the expectant parents a lot less headaches.

But once it comes to same-sex couples, single people, or no genetic link at all, the process immediately becomes murky. Many times, there is a detour back to the adoption route.

So don't think "no law is freedom" when it comes to surrogacy in Iowa.Be sure to have a local attorney look at the contract and process.Otherwise you're likely to fall into a hole in the legal void.

Kansas, US state

Kansas is also a classic "legal void". There is no legislation specifically banning surrogacy, and no one has come forward to legislate in favor of it.

In practice, many courts will still recognize surrogacy agreements, especially if at least one of the intended parents is genetically linked to the child. It's usually smoother to come up with a pre-birth paternity order at this point.

However, it's not so simple if you're both unrelated to the child or are same-sex partners. There is a particularly wide disparity in attitudes from county to county and judge to judge, with a heavy element of luck.

In short, the surrogacy environment in Kansas is:Not impossible, but too many unknowns.It's not recommended to try this on your own, single-handedly.

Kentucky, US state

One final note on Kentucky. This place doesn't have explicit surrogacy laws either, nor has it ever banned surrogacy. On the surface, it seems pretty lax.

In fact, the Kentucky surrogacy process has many "customized" components. The court will often grant a pre-birth paternity order if at least one of the parents is expected to be genetically linked to the child.

But it's not a uniform standard across the state, and a lot depends on the attitude of the particular judge.As for same-sex couples, singles, or people with no genetic link to children at all, that can be a problem. Many can only be remedied by the adoption process after birth.

Overall, Kentucky is a classic zone of uncertainty. Trying to get a surrogate here?It is highly recommended to get a local experienced attorney to keep an eye on the situation.It's not a situation you can figure out on your own.

Maryland

Maryland is also a relatively surrogacy-friendly place, and while there isn't a separate surrogacy law, don't be intimidated; the state's courts are actually quite willing to accept surrogacy agreements.

Especially in gestational surrogacy.Most judges are happy to grant prenatal paternity orders as long as there is an expected genetic link between the parents and the child.. There have been success stories with same-sex couples or singles, but because of the lack of explicit law, many times you still have to rely on an experienced attorney to help you navigate the process.

So Maryland is not out of the question, but someone must lead the way.

Minnesota.

Minnesota falls into the typical"It's not in the code, but it's realistically quite doable."of the state.

There is no specific surrogacy law here, but most courts are willing to accept surrogacy arrangements, especially in gestational surrogacy, if at least one of the intended parents is genetically linked to the child, basically a pre-birth paternity order can be granted.

There have been successes with same-sex couples and singles, but it's not very uniform overall. The biggest problem: the process is all dependent on what the judge thinks and lacks ironclad legal safeguards.

So being a surrogate in Minnesota is not a "minefield," but be sure to have an attorney look at every step of the way.

Mississippi (Mississippi)

Mississippi is the quintessential "state that can't tell" when it comes to surrogacy.

The law here is currently so vague that it neither explicitly supports nor outright prohibits it.Whether or not a surrogacy agreement can be enforced often depends on what the judge you run into thinks, and the risk of being denied a pre-birth order is very high, especially in the case of same-sex couples or families that have no genetic link to the childThe

There have been sporadic success stories, but overall, the risks here are really high. It's not recommended to engage in surrogacy in Mississippi, at least not until the laws are completely clear, it's just not worth the risk.

Missouri (Missouri)

Missouri is also a "it depends" state. There is no ban on surrogacy, but there is no special legislation to support it either.

In most cases, the courts are willing to grant pre-birth paternity orders if at least one of the intended parents is genetically related to the child. But if it's a same-sex couple, a single person, or if neither is genetically related to the child, it depends on the temperament of the individual county court.

Missouri is kind of a neutral type of attitude, and if you want to be a surrogate here, it is recommended that you must find an experienced lawyer to help you avoid the pitfalls.

Montana

Montana gives the impression that the legal attitude is super ambiguous.There is no special legislation here, nor is it expressly prohibited. This leads to the question of whether surrogacy agreements are admissible in court.Depends on the individual case and the judge's personal judgmentThe

If there is at least a genetic link, then there is a better chance of successfully getting a pre-birth paternity order approved. But if it's a same-sex family, or if it's a combination of donor sperm and donor eggs, then it's significantly more difficult.

Overall: Surrogacy in Montana is really risky and you have to be careful every step of the way.

New Mexico

New Mexico is a classic "no legislation, no prohibition, and no complete peace of mind" state.

There are no laws specifically governing surrogacy here, and the courts are not uniform about surrogacy agreements. If one is a gestational surrogate, and at least genetically linked, the chances of successfully getting a pre-birth paternity order are pretty good. But if there's no blood relationship, or if it's a same-sex couple or single parents, it can become precarious, and a lot of times depends on post-birth adoption.

In conclusion, being a surrogate in New Mexico is not illegal, but it is considered a slightly more risky option, so don't take the decision lightly, and it's best to get an attorney to explore the situation first.

North Carolina

North Carolina falls into the "doable, but not exactly hassle-free" category.

There are no special surrogacy laws in this state, and there's no prohibition on, but here's the thing - whether or not a court accepts a surrogacy agreement and whether or not it is willing to make an early determination of paternity is entirely up to the style of the court in each county and the attitude of the individual judge.

If there is a genetic link, the success rate is higher. But for same-sex couples or singles, it depends on how the specific case goes. Overall, it's a neutral to gray area, and to do surrogacy in North Carolina, you must hire a local attorney who is familiar with the area.

Ohio

Ohio doesn't have separate legislation, but in reality it's actually pretty friendly.

Most courts are willing to accept surrogacy agreements and will also sign pre-birth paternity orders.Whether you are heterosexual, a same-sex couple or single, the courts in most counties will cooperate as long as the contract is compliant.

However, there is a small risk: traditional surrogacy agreements are still legally controversial. Overall, Ohio is among the relatively surrogacy-friendly states where it can be done, but you still need a professional attorney to bail you out.

Pennsylvania (Pennsylvania)

Pennsylvania is a classic case of "no legislation, but the operation is basically OK".

There is no specific surrogacy law here, but most courts are supportive of gestational surrogacy arrangements, especially if the parents are expected to be genetically linked to the child, and the courts are usually willing to grant pre-birth paternity orders.

In the case of genetically unrelated, same-sex couples or singles, there are additional legal processes to go through to confirm parenthood. Overall, the Pennsylvania legal landscape is not a minefield, but it's still important to work with a professional attorney.

Rhode Island (Rhode Island)

Rhode Island, while not specifically legislated, has an overall friendly attitude toward surrogacy.

The courts here are willing to accept surrogacy agreements, especially in gestational surrogacy, and the process is relatively smooth as long as there is a genetic link. In practice, there have been successful cases with same-sex couples and singles.

It's not as established as California, but Rhode Island is still considered a pretty solid choice.

South Carolina

In South Carolina, it's "can do, but be careful".

There's no formal legislation here, and there's no outright ban on surrogacy.Courts are wary of surrogacy agreements and usually require at least a genetic link before they will be willing to grant a pre-birth paternity order.

Same-sex or no blood ties carry no small legal risk. Overall it is one of those states where it is feasible but definitely needs to be gated by an attorney.

South Dakota (South Dakota)

South Dakota is a classic "gray area."

There is absolutely no mention of surrogacy in the law.Whether a surrogacy agreement is enforceable or not is up to the judge's personal judgment. Courts may grant pre-birth paternity orders if there is at least a genetic link, but same-sex couples, single people, or cases without a genetic link may encounter significant legal obstacles.

Overall, South Dakota is in an area of high uncertainty, caution again.

Tennessee (Tennessee)

Tennessee has a fairly open attitude toward gestational surrogacy. Especially in cases where there is a genetic link, the court usually grants pre-birth paternity orders.

For same-sex families or combinations without genetic links, additional legal support is needed, but it's not completely out of the question. Traditional surrogacy is less recommended here.

So, Tennessee is kind of a can-do, but do more homework state.

Texas

Texas is "clear on the law, but high on the bar."

Chapter 160 of the Family Code was passed here to make it clear that gestational surrogacy is legal, but only for married couples. And contracts must be submitted to the court for approval before the embryo is implanted.

Single people or same-sex couples are basically unable to go this legal route in Texas. So while the law in Texas is clear, it has limited application and is a"Limited Friendly" StatesThe

West Virginia (WV)

WV is part of the surrogate gray zone.

There is no specific law on surrogacy, and there is no uniformity in the recognition of agreements by the courts. Cases with a genetic link have a higher success rate, but those without a genetic link or same-sex couples require a special assessment of risk.

If you really want to get into surrogacy here, make sure you operate carefully.

Wisconsin (Wisconsin)

While Wisconsin does not have a surrogacy-specific law, the courts are generally considered surrogacy-friendly.

In most cases, the courts are willing to sign off on pre-birth paternity orders. However, same-sex couples or cases with no genetic link require some special legal processes.

Overall, Wisconsin is an "upper middle class" state.

Wyoming

Wyoming is a total legal gray area.

There is neither a law supporting nor prohibiting surrogacy here. Whether a surrogacy agreement can be enforced or not depends on the attitude of the judge you encounter. Courts are usually willing to grant pre-birth orders if there is at least a genetic link, but otherwise it is much more difficult.

So Wyoming falls into that category: it can be done, but it's risky and not recommended to be attempted hastily.

IV.⛔ Illegal or strongly discouraged (legally prohibited or extremely risky)

Arizona

Plus Arizona, where attitudes can be much more conservative. Arizona law (ARS 25-218) Write straight to death:Invalidity of paid surrogacy contracts, not enforceable.

That means - no matter how much paper you sign with a surrogate mom, how much money you pay.As long as it's a paid surrogacy, it's not recognized by the law.The

Still, strangely enough, in practice, there are more and more cases testing the boundaries. Courts are sometimes willing to grant an inter vivos paternity order if at least one of the intended parents is genetically linked to the child. It is a bit like "law is one thing, reality is another".

Don't get too happy. Arizona also bans second parent adoptions. What does that mean? Let's say you're an unmarried partner and one of you isn't the child's biological parent, so you want to just put your names side-by-side on the birth certificate? No way. You'll have to go for custody or some other legal maneuver under limited conditions, and it's a huge hassle. Overall, Arizona, I would never recommend getting a surrogate unless you really know the risks exceptionally well.

Indiana, US state

Indiana is, quite frankly, a "high roller" in the surrogacy field.

The law is very clear here:Surrogacy contracts are not enforceable.Even if you've talked to a surrogate mother and signed a contract, the law still says one thing: it won't recognize it.

The legal position is even more ironclad, if there is a real dispute later on.A biological mother is a legal mother.. Intended parents must rely on the adoption process to legally receive parental rights.

Indiana is very conservative about surrogacy. Unless you're particularly looking for a challenge of difficulty, it's truly not recommended to pick this as a surrogacy location.

Louisiana.

Louisiana's attitude toward surrogacy is, to put it bluntly, "a million defenses in my mind."Only married heterosexual couples are allowed to become parents through gestational surrogacy, and the law is rigid: at least one of the spouses must be genetically linked to the embryo.The

In other words, same-sex couples, singles, or families planning to use donor sperm and eggs can't legally be surrogates in Louisiana. And to make matters worse, state law directly and explicitly states that traditional surrogacy agreements are completely null and void here.

So you see, while Louisiana doesn't completely ban surrogacy on the surface, that layer of restrictions is airtight. It's really not surrogacy friendly for most people.

Michigan

Michigan ...... is not exactly a "bucket list". This place is super conservative about surrogacy and it's "hella hard".

Paid surrogacy is illegal in Michigan.. Even if both parties agree and sign a contract, it's useless because the law is straightforward: it's invalid. And if someone insists on operating, the intended parents or surrogate mom could face fines or even criminal liability.

Even if you are an unpaid surrogate, you have to be careful. To make matters worse, the court will not grant pre-birth paternity orders and everything has to wait until the baby is born before going through the adoption process.

Bottom line: no one is advised to engage in surrogacy in Michigan. It's too risky and costly here.

Nebraska.

Nebraska is truly a wall in the surrogacy world. The laws here are written directly:Surrogacy agreements are not enforceable. Even if you have a thick contract with a surrogate mother, the courts will not recognize it.

Legally, after the child is born, the birth mother (surrogate mother) is still considered the legal mother. The intended parents can only officially get legal parenthood through the adoption process.

Nebraska is a "highly discouraged" state for surrogacy, and the laws are hopelessly restrictive.

Utah

Utah allows gestational surrogacy, but the bar is pretty high.

Surrogacy contracts here are only valid for heterosexual married couples. Same-sex couples and singles don't legally go anywhere. And the court needs to pre-screen the contract, and the process is quite rigorous.

In short, Utah is a place where the laws are clear but restrictive.

Blogger's summary: To be a surrogate in the United States, you really can't just look at the name of the state on the map; the legal attitude is the most important script in the big drama of having a baby. Each state is written differently, figure it out and then act, so that you will not be stuck in the middle of the road to inch.

V. What do these laws, mean for surrogate mothers and intended parents?

Whether you want to become a surrogate mother or you are planning to welcome a baby through surrogacy, there is something that must be cleared up first:The law in your state, what exactly does it say.Because it's not just a question of whether surrogacy can or can't be done, it affects every aspect of the process - from how the parents are legally identified to whether the surrogate mother's compensation can be protected, all of which are subject to legal constraints.

Going down the surrogacy route is usually much smoother in states where the laws are clearly written and the system is well established. For example.In some places, it is possible to get a court-issued paternity order before the baby is born, which means that the child is legally the prospective parent as soon as he or she is born.. Coupled with the fact that contracts can also be legally enforced, surrogate mothers can also ensure that they are paid and protected in a reasonable and fair manner.

However, if it is in a state where the laws are unclear or even restrictive, the situation can be very different. There are courts that make rulings that are inconsistent with each other, and sometimes they don't even recognize surrogacy agreements at all, making a mess of what should be a simple matter. The stakes are invariably much higher for both surrogates.

That's why it's especially important to pick the right partner. A reputable and trustworthyAmerican Surrogacy Agency, coupled with experienced attorneys who specialize in these types of matters, can help you navigate the various legal complexities. They will carefully draft a surrogacy contract that protects the rights of both parties and can also provide a valuable layer of legal protection. If your state's laws are restrictive or vague, a good surrogacy agency can also help you find alternatives, such as arranging for an interstate surrogacy to be matched with those who are surrogacy friendly, making the whole process both reassuring and legal.

VI. What are the key steps in the legal process of surrogacy?

Surrogacy legal contracts: sign them first, then transplant them

Before you officially begin embryo transfer, you and yoursurrogate mother(Surrogate Mother) Be sure to get your surrogacy legal contract signed first. There are two main areas that will be spelled out at the very core of this contract:

1. Surrogacy costs
For example, how much the compensation for the surrogate mother will be, who will pay for her medical expenses during the pregnancy, and whether or not additional compensation is to be paid in the event of accidents or special circumstances. All these should be clearly written in black and white to avoid subsequent misunderstanding.

2. Responsibilities and rights
Details like the surrogate mother having to abstain from smoking and alcohol during the pregnancy, who can be present at the birth, whether the expectant parents can participate in the labor and delivery, and whether ultrasound images of the baby can be taken ...... are also written into the contract.

This contract, not only protects the surrogate mother, but is also the legal basis for protecting your own rights.

The legal process after the birth of a newborn: establishing paternity is crucial

Many people think that once the baby is born, the matter is over. But in fact, the legal process only moves on to another key procedure, which is the confirmation of parental rights.

Not every state in the United States allows surrogacy. Reproductive laws vary greatly from state to state, andThe Surrogate's House recommends that you go directly toCalifornia Surrogacy, California is one of the most surrogate-friendly places in the country. What does this mean? It means that your surrogacy attorney will prepare all sorts of legal documents ahead of time and run the process ahead of time. When the baby is born, your names will appear directly on the baby's birth certificate, legally having nothing to do with the surrogate mother.

Even better, whether you're married, single, a traditional couple, or a same-sex couple, you're all equally entitled to this coverage in California, with no legal distinctions whatsoever.

However, there is one caveat: when selecting a surrogate mother, it is best for the surrogate mother to live in a state that legally recognizes surrogacy and has clear protections in place. Because ultimately, a fertility attorney will help you finalize your parental rights according to the laws of the surrogate mother's state, making you a smooth transition to becoming the baby's legal parent.

VII. Summary:

Whether you want to go by yourselfSurrogacy in the United States, or American surrogate mothers who intend to help someone fulfill their dream of having a family, need to find out exactly what the surrogacy laws in their state say.

It's definitely not trivial.

Attitudes towards surrogacy vary greatly from state to state: some are very supportive, with clear procedures and safeguards in place, while others have many restrictions and complicated rules, or even simply don't recognize surrogacy agreements. If you act hastily without clarifying it, you may encounter a lot of trouble later on, and it may even affect whether or not you are able to become the legal parent of the child successfully.

And let's not forget that laws change. What was fine last year may have quite a few more new provisions this year. Just searching the internet on your own is sometimes not enough insurance. Get a professional reproductive law attorney orReliable Surrogacy AgencyIt is only prudent to confirm the latest state of the law.

Even if your state has a lot of restrictions, there is no need to be discouraged. Many professional agencies can now help you arrange interstate cooperation in surrogacy-friendly states so that you still have the opportunity to complete your surrogacy program.

Surrogacy is not something that can be handled by hospitals alone. The law is a hurdle to figure out before you can walk away with peace of mind.

VIII. Frequently asked questions:

1. Is surrogacy actually legal in the United States?

Whether it is legal or not depends entirely on which state you are in. The United States is a federal state, and every state has a different attitude towards surrogacy - some states fully support it and legislate to guarantee it, others are very restrictive, and there are individual states that outright ban or criminalize it. Choosing a state is crucial.

2. What are "surrogate-friendly states"?

"Surrogate-friendly states" usually have the following characteristics:

• Surrogacy is expressly permitted by law
• No restrictions on marital status, sexual orientation or genetic relationship
• Early access to pre-birth paternity orders
• Courts, doctors, lawyers are experienced

For example, California, Colorado, Connecticut, Illinois, and New York represent surrogate-friendly states.

3. Which states are most recommended for surrogacy?

The following states are considered to have the friendliest surrogacy environment and the clearest laws:

• California
• Colorado
• Connecticut.
• Delaware
• Illinois
• Nevada
• Maine
• Massachusetts (Massachusetts)
• New Hampshire.
• New Jersey (NJ)
• New York
• North Dakota
• Oklahoma (Oklahoma)
• Oregon
• Vermont
• Washington

4. Which states in the United States do not recommend surrogacy?

The following states are very unfriendly to surrogacy, either outright illegal or extremely risky legally:

• Arizona.
• Indiana
• Louisiana.
• Michigan
• Nebraska
• Utah → only heterosexual married couples, very restrictive

5. I am single or in a same-sex couple, can I be a surrogate in the U.S.?

You can, but you have to choose the right state. Many surrogacy-friendly states (e.g., California, Colorado, New York, Illinois) do not restrict sexual orientation or marital status. However, some states (e.g., Texas, Florida) only allow heterosexual married couples to be surrogates, making it difficult for other people to go through the process.

6. What is a "prenatal parenting order"?

A Pre-birth Parentage Order (PBO) is when the court determines that the intended parents are the legal parents of the child before the baby is born. This is critical to avoid the need for adoption or additional paperwork after the baby is born. Surrogate-friendly states usually support doing this paperwork in advance.

7. Is it safe to be a surrogate in a state with ambiguous laws?

Not entirely safe. Legally ambiguous representation:

• Attitudes vary greatly from county to county and from judge to judge
• May need to identify parents through adoption after birth
• Risks include invalidation of surrogacy contracts or legal disputes

In these states (e.g., Alabama, Georgia, Idaho), be sure to hire an experienced attorney.

8. Does surrogacy always go well in surrogacy-friendly states?

While legally friendly, surrogacy is still a complicated medical and legal process. Even in California and Colorado, it's important to be aware:

• Find Compliance Clinics and Attorneys
• Signing a legally compliant surrogacy agreement
• Protecting the rights and interests of both surrogate mothers and intended parents

9. How much does it cost to be a surrogate in the United States?

Costs vary widely, typically ranging from $$14,000 - $$180,000, inclusive:

• Medical and IVF Costs
• Compensation for surrogate mothers
• Legal costs
• Insurance and miscellaneous expenses

Surrogate-friendly states usually come with higher overall budgets as well, especially California.

10. What happens if you have a surrogate in a state that does not allow surrogacy?

The consequences can be very serious:

Contracts may be voided

The surrogate mother is still legally considered the mother after the birth of the child.

May even face criminal liability

For example: Michigan, Arizona, both explicitly prohibit surrogacy contracts.

11. Is surrogacy available in Texas?

Texas law is very clear: only married heterosexual couples are allowed to be surrogates, and the contract must be approved by the court before the embryos are implanted. Singles or same-sex couples, basically, cannot legally go through the surrogacy process in Texas.

12. In which states can surrogacy be practiced even in the absence of legislation?

Surrogacy can actually be done in many "legal void states", especially if there is a genetic link:

• Alabama, US state
• Alaska, US state
• arkansas
• Florida (married heterosexual couples only)
• Idaho, US state
• Iowa (US state)
• Kansas, US state
• Lexington
• Maryland, US state
• Minnesota, USA
• Missouri
• Montana, US state
• New Mexico, US state
• North Carolina, US state
• Ohio
• Pennsylvania
• Rhodes, an island of Greece
• South Carolina, US state
• South Dakota, US state
• Tennessee
• West Virginia, US state
• Wisconsin, US state
• Wyoming, US state

But these are states where same-sex couples, singles, or combinations not genetically linked to the baby often have to run the adoption process more often.

13. Which is the most popular of the surrogacy-friendly states in the United States?

There is no doubt about it - California is the "king" of surrogacy. With excellent laws, abundant medical resources, and experienced attorneys, it is widely recognized as the safest choice. If you are on a budget, California is almost always the first choice.

14. If I'm on a budget, are there any states that are less expensive than California?

There are, for example:

• Colorado: clear laws, smooth process, usually less expensive than California
• Illinois: the laws are sound and the lawyers and institutions are sophisticated
• Oregon: no legislation, but courts very supportive

15. What is the most overlooked aspect of the surrogacy process in the United States?

The easiest thing to overlook is the legal risks. Many people think that all they have to do is find a clinic, pay for it, and sign a contract. In fact, the biggest hurdle is often in:

• Whether surrogacy contracts are recognized by the courts
• Whether parental rights can be recognized before the birth of a child
• Whether state law places restrictions on your marriage or family structure