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Surrogacy Laws by State
When it comes to surrogacy in the United States, state by state surrogacy laws play a major role in shaping your journey. The laws where your surrogate lives can affect how agreements are written, how parentage is established, and the steps needed to keep the process smooth and secure.​
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Our job is to make this simple for you. We’ll walk you through what the laws mean in practice, guide you toward surrogacy-friendly states, and ensure you always feel supported and informed from day one.
Is Surrogacy Legal in the U.S.?
Most states in the U.S. are surrogacy-friendly, offering a clear and supportive path for both surrogates and intended parents.
The only exceptions are Nebraska and Louisiana, where compensated surrogacy is not allowed. Because of these laws, we are unable to work with surrogates who live in those two states.
Everywhere else, surrogacy is both possible and legally recognized, giving families the chance to move forward with confidence.
What If I’m an Intended Parent?
If you’re an intended parent, your state of residence will not prevent you from pursuing surrogacy. Even if compensated surrogacy isn’t permitted where you live, we can match you with a surrogate in a surrogacy-friendly state.
This means that no matter where you call home, you can begin your journey with Giving Tree Surrogacy.
Surrogacy Laws by State
Each state in the U.S. has its own approach to Assisted Reproductive Technology (ART) and surrogacy. Some states have well-established legal frameworks that clearly recognize and support gestational surrogacy, while others may require additional steps — or even have restrictions.
These differences make personalized legal support essential to ensure your agreement is valid, enforceable, and protective of everyone involved.
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Learn more about state-specific surrogacy laws.
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Why Surrogacy Laws Differ by State
Each state in the U.S. has its own approach to Assisted Reproductive Technology (ART) and surrogacy. Some states have well-established legal frameworks that clearly recognize and support gestational surrogacy, while others may require additional steps — or even have restrictions.
These differences make personalized legal support essential to ensure your agreement is valid, enforceable, and protective of everyone involved.
When you partner with Giving Tree Surrogacy, our legal team and partner attorneys handle all the details with care, so you can focus on preparing your heart and home for your baby.
We’ll walk you through:
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What your state’s surrogacy laws allow and require.
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How to create an agreement that protects both you and your surrogate.
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The process for establishing your parental rights.
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How international parents can navigate documentation and citizenship for their child.
From day one, you’ll always know where you stand — legally and emotionally.
Learn more about surrogacy laws in your state.
Your Guide to State by State Surrogacy Laws
Click on a state to review surrogacy laws in the United States and understand how local regulations may impact your surrogacy process.
