The majority of states in the US permit gestational surrogacy. However, there are varying degrees of acceptance, and only a handful of states are considered “surrogacy friendly”.

Surrogacy-Friendly States

These states have clear legal frameworks supporting gestational surrogacy and generally allow for pre-birth parentage orders regardless of the intended parents’ marital status or genetic relationship to the child:

California, Connecticut, Delaware, District of Columbia (D.C.), Maine, Maryland, Massachusetts, Michigan, Nevada, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Texas, Idaho

Note:

Massachusetts is now considered fully surrogacy-friendly following the passage of the Massachusetts Parentage Act (effective Jan 1, 2025).
Michigan legalized compensated and altruistic surrogacy under the Michigan Family Protection Act, effective April 1, 2024.
Idaho has clarified surrogacy procedures in recent case law, allowing pre-birth orders and enforceable surrogacy agreements.

Prohibited States

These states ban compensated gestational surrogacy contracts or fail to enforce them:

Louisiana (only allows altruistic surrogacy under restrictive conditions).
Nebraska (compensated surrogacy contracts are void and unenforceable).

Proceed with Caution States

These states do not prohibit surrogacy but have inconsistent or evolving laws. Parentage processes may vary based on county, judge, or the marital/genetic status of the intended parents. Legal counsel is essential if your surrogate resides in any of these states:

Alabama, Alaska, Arkansas, Colorado, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Minnesota, Missouri, Mississippi, Montana, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Note: Many of these states have improved access to pre- or post-birth orders, but still require individualized legal planning.

Restrictive or Highly Limited States

These states impose additional legal risks or barriers that can significantly complicate surrogacy arrangements, particularly for non-traditional family structures:

Arizona – Gestational surrogacy contracts are unenforceable.
Indiana – Surrogacy contracts are void; parentage must be established post-birth.
Tennessee – No statute prohibits surrogacy, but parentage must typically be established post-birth and processes may vary.

Wyoming – No established surrogacy statutes; legal outcomes are unpredictable.

Surrogacy law is complex and varies not just by state, but sometimes by county or judge. For any intended parent working with a surrogate in the U.S., we strongly recommend speaking with a qualified family or fertility law attorney licensed in the state where your surrogate resides.

While our agency cannot provide legal advice, we are happy to refer you to trusted legal professionals in your surrogate’s state to help guide you through the process.