Surrogacy Law By State

The Most Surrogacy-Friendly States

These surrogacy-friendly states permit surrogacies for all parents, grant pre-birth parentage orders statewide, and name the intended parents on the birth certificate.

California

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted and governed by statute (Cal. Fam. Code § 7960 et seq.) and supported by longstanding case law.
• Traditional Surrogacy: Permitted; addressed through parentage law and case precedent.
• Pre-Birth Orders: Routinely granted and effective at birth.

Detailed Legal Breakdown:
California provides one of the most established statutory frameworks for gestational surrogacy in the United States (Cal. Fam. Code § 7960 et seq.). Courts routinely issue pre-birth parentage orders in gestational cases, and those orders take effect upon the child’s birth. Traditional surrogacy is not prohibited and is addressed through California’s parentage statutes and case law.

Colorado

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted under the Colorado Surrogacy Agreement Act.
• Traditional Surrogacy: Permitted under statute.
• Pre-Birth Orders: Granted pursuant to statutory procedures.

Detailed Legal Breakdown:
Colorado enacted the Colorado Surrogacy Agreement Act in 2021, establishing a comprehensive statutory framework governing both gestational and traditional surrogacy agreements. The statute outlines enforceability requirements, rights of the parties, and procedures for issuing pre-birth parentage orders. Courts routinely grant pre-birth orders in accordance with the Act.

Connecticut

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted and governed under the Connecticut Parentage Act.
• Traditional Surrogacy: Not prohibited; parentage is determined under the Parentage Act and applicable adoption law where necessary.
• Pre-Birth Orders: Courts may issue parentage judgments before birth in gestational surrogacy cases.

Detailed Legal Breakdown:
Connecticut enacted the Connecticut Parentage Act in 2022, creating a comprehensive statutory framework governing parentage, including assisted reproduction and surrogacy arrangements. The Act authorizes courts to adjudicate parentage in gestational surrogacy cases and issue judgments that allow intended parents to be named on the child’s birth certificate at birth. Traditional surrogacy is not prohibited, but parentage may require post-birth proceedings depending on the circumstances.

District of Columbia

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted under statute (D.C. Code § 16-401 et seq.).
• Traditional Surrogacy: Also permitted under the same statutory framework.
• Pre-Birth Orders: Courts issue parentage orders; judgments become effective at birth.

Detailed Legal Breakdown:
The District of Columbia permits both gestational and traditional surrogacy under its Collaborative Reproduction Act. Courts may issue parentage judgments prior to birth, which become effective upon the child’s birth. In traditional surrogacy cases, the statute requires that parentage orders not take effect until at least 48 hours after delivery.

Delaware

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted under Delaware’s gestational carrier statute (13 Del. C. § 8-801 et seq.).
• Traditional Surrogacy: Not expressly governed by the gestational carrier statute; typically addressed under adoption or general parentage law.
• Pre-Birth Orders: Courts may issue parentage orders that become effective at birth.

Detailed Legal Breakdown:
Delaware law expressly authorizes gestational carrier agreements and provides procedures for validating agreements and issuing parentage orders (13 Del. C. § 8-801 et seq.). Courts may issue pre-birth parentage orders that take effect upon birth. Traditional surrogacy is not specifically governed by the gestational carrier statute and may require post-birth adoption or additional legal proceedings depending on the circumstances.

Illinois

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted and governed by the Gestational Surrogacy Act.
• Traditional Surrogacy: Not governed by the Gestational Surrogacy Act; typically handled through adoption procedures.
• Pre-Birth Orders: Generally not required in gestational cases if statutory requirements are met.

Detailed Legal Breakdown:

Illinois law expressly authorizes gestational surrogacy under the Illinois Gestational Surrogacy Act (750 ILCS 47). When all statutory requirements are satisfied — including required certifications by medical and legal professionals — the intended parents may be recognized as the child’s legal parents without a court proceeding, and Vital Records may issue a birth certificate naming the intended parents at birth. If the statutory requirements are not fully met, a court order may be necessary to establish parentage.

Traditional surrogacy is not governed by the Gestational Surrogacy Act and is generally addressed through adoption law. A traditional surrogate may not relinquish parental rights until at least 72 hours after birth, consistent with Illinois adoption statutes.

Maine

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted under the Maine Parentage Act.
• Traditional Surrogacy: Addressed under the Parentage Act; parentage may require post-birth proceedings depending on genetic connection and agreement terms.
• Pre-Birth Orders: Courts routinely grant parentage orders in gestational cases.

Detailed Legal Breakdown:
Maine’s Parentage Act provides a statutory framework for gestational carrier agreements and allows courts to adjudicate parentage prior to birth. Pre-birth parentage orders are commonly granted in gestational surrogacy cases. Traditional surrogacy is not prohibited, but parentage may require additional proceedings depending on the facts, including adoption in certain circumstances.

Massachusetts

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted under the Massachusetts Parentage Act, effective January 1, 2025.
• Traditional Surrogacy: Addressed under the Parentage Act; additional post-birth procedures may be required.
• Pre-Birth Orders: Courts may issue pre-birth parentage judgments in gestational cases.

Detailed Legal Breakdown:
Massachusetts enacted the Massachusetts Parentage Act, effective January 1, 2025, establishing a comprehensive statutory framework governing assisted reproduction and surrogacy. The Act authorizes enforceable gestational carrier agreements and permits courts to issue parentage judgments prior to birth in gestational surrogacy cases.

Traditional surrogacy is also addressed under the Parentage Act; however, because the surrogate is genetically related to the child, additional post-birth procedures may be required to establish intended parentage. In traditional arrangements, relinquishment of parental rights cannot occur until after birth, consistent with Massachusetts adoption and parentage law.

Michigan

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted and governed by statute (Assisted Reproduction and Surrogacy Parentage Act / Act 24 of 2024), effective April 1, 2025.
• Traditional Surrogacy: No longer subject to the old criminal/civil ban; parentage is addressed under the new assisted reproduction/parentage framework.
• Pre-Birth Orders: Available under the new statutory parentage judgment/order process.

Detailed Legal Breakdown:
Michigan repealed its prior surrogacy ban and enacted a comprehensive assisted reproduction and surrogacy parentage framework (Act 24 of 2024), which took effect April 1, 2025. The new law permits surrogacy agreements, establishes procedures for parentage judgments/orders, and supports the issuance of a birth certificate consistent with the parentage order.

New Hampshire

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted under statute (RSA 168-B).
• Traditional Surrogacy: Also governed under the same statutory framework.
• Pre-Birth Orders: Courts may issue parentage orders in accordance with the statute.

Detailed Legal Breakdown:
New Hampshire law (RSA 168-B) provides a comprehensive statutory framework governing both gestational and traditional surrogacy agreements. The statute sets enforceability requirements and authorizes courts to issue parentage orders, including pre-birth orders in gestational cases. Traditional surrogacy is permitted under the statute but may require post-birth procedures depending on the circumstances.

New Jersey

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted under the New Jersey Gestational Carrier Agreement Act.
• Traditional Surrogacy: Not governed by the Gestational Carrier Agreement Act; typically handled through post-birth adoption proceedings.
• Pre-Birth Orders: Available in gestational cases if statutory requirements are satisfied.

Detailed Legal Breakdown:
New Jersey’s Gestational Carrier Agreement Act authorizes enforceable gestational surrogacy agreements and permits courts to issue pre-birth parentage orders when statutory requirements are met. The statute does not apply to traditional surrogacy. In traditional arrangements, because the surrogate is genetically related to the child, intended parents typically must pursue post-birth adoption or other parentage proceedings.

New York

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted under the Child-Parent Security Act (NY Fam. Ct. Act Art. 5-C); compensated gestational surrogacy is legal.
• Traditional Surrogacy: Prohibited; traditional surrogacy agreements remain unenforceable.
• Pre-Birth Orders: Granted pursuant to the statutory process.

Detailed Legal Breakdown:
New York’s Child-Parent Security Act legalized compensated gestational surrogacy and established a comprehensive statutory framework for gestational carrier agreements and pre-birth parentage orders. Traditional surrogacy agreements remain unenforceable under New York law.

Nevada

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted under statute (NRS 126.045 et seq.).
• Traditional Surrogacy: Recognized under Nevada’s parentage statutes; enforceability depends on compliance with statutory requirements.
• Pre-Birth Orders: Courts routinely grant pre-birth parentage orders.

Detailed Legal Breakdown:
Nevada law provides a statutory framework for assisted reproduction and surrogacy agreements (NRS 126.045 et seq.). Courts routinely issue pre-birth parentage orders in gestational cases. Traditional surrogacy is not expressly prohibited; however, because the surrogate is genetically related to the child, additional legal procedures may be required to establish intended parentage.

North Dakota

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Addressed by statute. Under N.D. Cent. Code § 14-18-08, a child born to a gestational carrier is the child of the intended parents for all purposes and not the child of the gestational carrier.
• Traditional Surrogacy: Prohibited. Surrogate agreements are declared void and unenforceable under N.D. Cent. Code § 14-18-05.
• Pre-Birth Orders: Granted. Because intended parents are recognized as the legal parents under statute in gestational cases, courts issue parentage orders consistent with that statutory framework.

Detailed Legal Breakdown:
North Dakota statute explicitly permits gestational surrogacy and states that a child born to a gestational surrogate is the child of the intended parents. Pre-birth parentage orders are granted. North Dakota does not allow traditional surrogacy, and such contracts are declared void and unenforceable under N.D. Cent. Code § 14-18-05.

Oklahoma

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Governed by statute (Oklahoma Gestational Agreement Act).
• Traditional Surrogacy: Not governed by statute; typically addressed through adoption law, with compensation subject to statutory limits.
• Pre-Birth Orders: Granted when statutory requirements are satisfied and the agreement is validated by the court.

Detailed Legal Breakdown:
The Oklahoma Gestational Agreement Act provides a statutory framework for enforceable gestational carrier agreements. To ensure enforceability and parentage recognition, the agreement must be validated by a court prior to embryo transfer. Courts issue parentage orders in accordance with the statute when eligibility requirements are met. Traditional surrogacy arrangements are generally handled through adoption proceedings, and compensation is limited under adoption law.

Oregon

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted; Oregon does not prohibit surrogacy, and courts grant pre-birth parentage orders.
• Traditional Surrogacy: Not prohibited; parentage must be established through paternity and/or adoption procedures.
• Pre-Birth Orders: Granted in gestational cases; traditional arrangements typically require post-birth legal proceedings.

Detailed Legal Breakdown:
Oregon does not prohibit gestational or traditional surrogacy. Oregon statute (ORS 109.239) expressly authorizes courts to issue pre-birth parentage orders in assisted reproduction cases, and courts regularly do so in gestational surrogacy matters. In traditional surrogacy arrangements, parentage is addressed through paternity proceedings and adoption. If the surrogate is unmarried, the biological father may establish paternity by filing a Joint Acknowledgment of Paternity. If the surrogate is married, a paternity action may be required to establish legal parentage. In either case, a second-parent adoption is typically necessary to establish the intended parent’s spouse or partner as a legal parent. Alternatively, intended parents may proceed with post-birth adoption rather than seeking a pre-birth order.

Rhode Island

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted under the Uniform Parentage Act.
• Traditional Surrogacy: Also addressed under the Parentage Act.
• Pre-Birth Orders: Courts may issue parentage orders prior to birth in gestational cases.

Detailed Legal Breakdown:
Rhode Island enacted the Rhode Island Uniform Parentage Act in 2021, establishing a statutory framework governing assisted reproduction and surrogacy agreements. The Act authorizes enforceable gestational carrier agreements and allows courts to issue parentage orders, including pre-birth orders, in accordance with statutory requirements. Traditional surrogacy is also addressed under the Act, though because the surrogate is genetically related to the child, additional post-birth procedures may apply depending on the circumstances.

South Dakota

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Governed by statute (SDCL ch. 25-6A), which provides a framework for enforceable gestational carrier agreements.
• Traditional Surrogacy: Not expressly prohibited, but not specifically governed by statute; may require post-birth proceedings.
• Pre-Birth Orders: Granted in gestational cases pursuant to statutory procedures.

Detailed Legal Breakdown:
Since the passage of modern surrogacy legislation (SB 137), South Dakota offers a clear path for intended parents. The statute allows for parentage orders to be entered prior to birth, immediately vesting parental rights in the IPs. A gamete donor is not a legal parent, provided they have waived rights in writing. While traditional surrogacy isn’t banned, attorneys often advise against it because a surrogate cannot be legally forced to waive her parental rights pre-birth due to her genetic connection.

Texas

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Governed by statute (Texas Family Code ch. 160, Subchapter I). Gestational agreements must be validated by a court prior to embryo transfer and are available only to married intended parents
• Traditional Surrogacy: Not governed by the gestational agreement statute; typically addressed through adoption proceedings after birth.
• Pre-Birth Orders: Issued pursuant to the statutory validation procedure when the agreement is properly approved by the court.

Detailed Legal Breakdown:
Texas law provides a statutory framework for gestational carrier agreements under Texas Family Code Chapter 160, Subchapter I. Intended parents must be married, and the gestational agreement must be validated by a court before embryo transfer in order to be enforceable. Once validated, the statute provides for the issuance of a parentage order recognizing the intended parents. Traditional surrogacy arrangements are not governed by the gestational agreement statute and are generally addressed through post-birth adoption proceedings.

Vermont

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted under the Vermont Parentage Act.
• Traditional Surrogacy: Addressed under the Parentage Act; additional post-birth procedures may apply due to genetic connection.
• Pre-Birth Orders: Courts may issue parentage orders in gestational cases.

Detailed Legal Breakdown:
The Vermont Parentage Act provides a comprehensive statutory framework governing assisted reproduction and surrogacy agreements. Courts may issue pre-birth parentage orders in gestational surrogacy cases. Traditional surrogacy is also addressed under the Act; however, because the surrogate is genetically related to the child, parentage determinations may require additional proceedings consistent with Vermont law.

Washington

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Permitted and governed under the Uniform Parentage Act.
• Traditional Surrogacy: Permitted under statute; additional procedural safeguards apply.
• Pre-Birth Orders: Courts may issue parentage orders in gestational cases; traditional cases require post-birth procedures.

Detailed Legal Breakdown:
Washington law permits enforceable gestational carrier agreements under its Uniform Parentage Act. Courts may issue parentage orders prior to birth in gestational surrogacy cases, which become effective upon birth. Traditional surrogacy (genetic surrogacy) is also permitted under statute; however, because the surrogate is genetically related to the child, additional procedural requirements apply. Parentage orders in traditional cases are typically issued after birth, following statutory waiting periods.

West Virginia

State Verdict: 🟢 Surrogacy Friendly

• Gestational Surrogacy: Governed by statute (W. Va. Code § 48-20-101 et seq.), which permits enforceable gestational carrier agreements and allows reasonable fees and expenses.
• Traditional Surrogacy: Not specifically governed by the gestational carrier statute; not expressly prohibited by statute or published case law.
• Pre-Birth Orders: Granted pursuant to the statutory framework for gestational agreements.

Detailed Legal Breakdown:
West Virginia enacted legislation governing gestational carrier agreements under W. Va. Code § 48-20-101 et seq. The statute provides a framework for enforceable gestational agreements and permits reasonable compensation and expense reimbursement. Courts issue parentage orders in accordance with the statute when statutory requirements are satisfied. Traditional surrogacy is not specifically addressed within the gestational carrier statute and is not expressly prohibited by statute or published case law.

STATES WHERE SURROGACY IS LEGAL BUT RESULTS MAY VARY

Alabama

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Not prohibited by statute; permitted in practice.
• Traditional Surrogacy: Not prohibited; typically addressed through post-birth legal proceedings.
• Pre-Birth Orders: May be granted, but practice varies by county and judge.

Detailed Legal Breakdown:
Alabama does not have a comprehensive statute governing surrogacy. Gestational and traditional surrogacy arrangements are permitted in practice because no statute or published case law expressly prohibits them. Courts in some counties have granted pre-birth parentage orders in gestational cases, but outcomes vary. Post-birth adoption or legitimation proceedings are commonly used to secure parentage. Alabama law provides that egg and sperm donors are not treated as legal parents when donation occurs through a licensed medical provider.

Alaska

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Not prohibited by statute; permitted in practice.
• Traditional Surrogacy: Not prohibited; handled through general parentage law.
• Pre-Birth Orders: May be granted; judicial practice varies.

Detailed Legal Breakdown:
Alaska does not have a specific surrogacy statute. Gestational and traditional surrogacy arrangements are permitted because no statute or case law expressly prohibits them. Courts have granted pre-birth parentage orders in gestational cases, though practice may vary by judicial district. Parentage in traditional cases may require post-birth proceedings depending on the facts.

Arkansas

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Permitted under Arkansas law, recognizing assisted reproduction (Ark. Code § 9-10-201).
• Traditional Surrogacy: Not expressly prohibited; may require post-birth legal proceedings.
• Pre-Birth Orders: Courts grant pre-birth parentage orders in gestational cases.

Detailed Legal Breakdown:
Arkansas law addresses artificial insemination and assisted reproduction under Ark. Code § 9-10-201, which courts have interpreted to support gestational surrogacy arrangements. Courts grant pre-birth parentage orders in gestational cases. Arkansas Vital Records will issue birth certificates naming intended parents in accordance with a valid court order. In traditional surrogacy cases, additional post-birth proceedings may be required depending on genetic parentage and marital status.

Florida

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Permitted under Florida’s gestational surrogacy statute (Fla. Stat. § 742.15), primarily for married intended parents.
• Traditional Surrogacy: Permitted under Florida’s pre-planned adoption statute (Fla. Stat. § 63.213).
• Pre-Birth Orders: Not generally issued; parentage is confirmed through post-birth court procedures.

Detailed Legal Breakdown:
Florida permits gestational surrogacy under Fla. Stat. § 742.15, which provides a statutory pathway for married intended parents to obtain an affirmation of parental status after birth. The statute historically applies to married couples, and other intended parents may need to pursue parentage through paternity actions or pre-planned adoption procedures. Pre-birth parentage orders are not typically granted; instead, the court affirms parental status after delivery and directs issuance of the birth certificate.

Traditional surrogacy is addressed under Florida’s pre-planned adoption statute (Fla. Stat. § 63.213). In traditional arrangements, the surrogate may revoke her consent within 48 hours after birth.

Georgia

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Not prohibited by statute; permitted in practice.
• Traditional Surrogacy: Not prohibited; typically requires post-birth adoption procedures for non-genetic parents.
• Pre-Birth Orders: Courts grant pre-birth parentage orders in gestational cases.

Detailed Legal Breakdown:
Georgia does not have a comprehensive surrogacy statute, and gestational and traditional surrogacy arrangements are permitted because no statute or case law prohibits them. Courts routinely grant pre-birth parentage orders in gestational cases. In traditional surrogacy arrangements, the biological father may establish paternity, while the non-biological intended parent typically must complete a post-birth adoption to secure legal parentage.

Hawaii

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Permitted under Hawaii’s updated parentage statute (Act 298).
• Traditional Surrogacy: Addressed under the modernized parentage framework.
• Pre-Birth Orders: Courts may issue parentage judgments in gestational cases pursuant to the updated statute.

Detailed Legal Breakdown:
Hawaii enacted Act 298, modernizing its parentage laws and strengthening legal recognition of assisted reproduction and surrogacy arrangements. The updated statute provides clearer pathways for establishing parentage in gestational surrogacy cases. While Hawaii historically relied on post-birth proceedings, the revised law improves procedural clarity for intended parents. Traditional surrogacy is not prohibited but may require additional proceedings due to genetic parentage considerations.

Idaho

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Governed by statute (Idaho Gestational Agreements Act) with requirements for enforceable agreements and parentage orders.
• Traditional Surrogacy: Not specifically governed by statute; subject to judicial procedures and adoption requirements.
• Pre-Birth Orders: Issued in gestational cases in accordance with statutory procedures.

Detailed Legal Breakdown:
Idaho enacted a Gestational Agreements Act that establishes a statutory framework for enforceable gestational carrier agreements and parentage orders. The statute provides requirements for agreements and parentage adjudication. Traditional surrogacy arrangements are not addressed within this statute and may require post-birth adoption or judicial proceedings to establish parentage.

Iowa

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Permitted; Iowa law expressly excludes surrogate arrangements from criminal prohibitions (Iowa Code § 710.11).
• Traditional Surrogacy: Decriminalized but subject to statutory limitations.
• Pre-Birth Orders: Available in limited circumstances; full parentage may require post-birth proceedings.

Detailed Legal Breakdown:
Although Iowa does not have a comprehensive “Surrogacy Act,” Iowa Code § 710.11 expressly excludes surrogate mother arrangements from its prohibition against the purchase or sale of a person. This exclusion confirms that surrogacy agreements are not treated as illegal under Iowa law. Courts have upheld gestational surrogacy agreements and may issue pre-birth parentage orders in appropriate cases. However, because Iowa’s statutory framework is limited, additional post-birth proceedings — such as termination of parental rights or adoption — may be required in some situations to fully establish parentage, particularly in traditional surrogacy arrangements.

Kansas

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Not prohibited; permitted in practice.
• Traditional Surrogacy: Not prohibited but subject to statutory limitations under the Kansas Parentage Act.
• Pre-Birth Orders: Courts grant pre-birth parentage orders in gestational cases.

Detailed Legal Breakdown:
Kansas does not have a comprehensive surrogacy statute, but gestational and traditional surrogacy arrangements are permitted because no statute or case law prohibits them. Courts routinely grant pre-birth parentage orders in gestational cases. In traditional surrogacy arrangements, parentage is governed by the Kansas Parentage Act. Because the surrogate is genetically related to the child, additional legal steps may be required to establish intended parentage. Compensation arrangements must comply with Kansas law; non-compliant arrangements may carry legal consequences.

Kentucky

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Not prohibited by statute; permitted in practice.
• Traditional Surrogacy: Not governed by statute; may require post-birth adoption proceedings.
• Pre-Birth Orders: Courts may grant pre-birth parentage orders in gestational cases, depending on county practice.

Detailed Legal Breakdown:
Kentucky does not have a specific surrogacy statute. Gestational surrogacy is permitted in practice because no statute or published case law prohibits it, and courts in some jurisdictions have granted pre-birth parentage orders in gestational cases. Traditional surrogacy is not expressly authorized by statute and may require post-birth adoption or termination proceedings to establish intended parentage.

Maryland

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Permitted in practice; supported by case law and judicial procedure.
• Traditional Surrogacy: Not prohibited, but compensation arrangements may create enforceability risks.
• Pre-Birth Orders: Courts grant pre-birth parentage orders in gestational cases.

Detailed Legal Breakdown:
Maryland does not have a comprehensive surrogacy statute, but gestational surrogacy is well-established through case law and consistent judicial practice. Courts routinely issue pre-birth parentage orders for singles, married couples, unmarried couples, and intended parents using donor gametes. Traditional surrogacy is not expressly prohibited; however, because the surrogate is genetically related to the child, enforceability and compensation arrangements may present additional legal complexity.

Minnesota

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Not prohibited; permitted in practice.
• Traditional Surrogacy: Not governed by statute; handled through parentage or adoption proceedings.
• Pre-Birth Orders: Granted in some counties; practice varies.

Detailed Legal Breakdown:
Minnesota does not have a comprehensive surrogacy statute. Gestational surrogacy arrangements are permitted because no statute prohibits them, and many courts grant pre-birth parentage orders. In jurisdictions where pre-birth orders are not granted, courts may allow filings before birth but issue final parentage determinations after delivery. Traditional surrogacy is not specifically addressed by statute and is typically resolved through stepparent or second-parent adoption proceedings.

Mississippi

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Not prohibited; permitted in practice.
• Traditional Surrogacy: Not prohibited; limited case law guidance.
• Pre-Birth Orders: Courts have granted pre-birth parentage orders in gestational cases.

Detailed Legal Breakdown:
Mississippi does not have a comprehensive surrogacy statute. Gestational and traditional surrogacy arrangements are permitted because no statute or published case law prohibits them. Courts have granted pre-birth parentage orders in gestational cases, though practice may vary by jurisdiction. Traditional surrogacy cases are less common and may require post-birth legal proceedings to establish full parentage.

Missouri

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Permitted; pre-birth filings allowed, orders effective at birth.
• Traditional Surrogacy: Permitted but subject to adoption-related requirements.
• Pre-Birth Orders: Courts may permit pre-birth proceedings; final effect occurs at birth.

Detailed Legal Breakdown:
Missouri permits gestational surrogacy arrangements in practice. Courts allow petitions to be filed before birth, and parentage orders typically take effect upon delivery. In traditional surrogacy cases, because the surrogate is genetically related to the child, adoption-related procedures — including background checks and waiting periods — may apply. When the intended father is genetically related to the child, voluntary acknowledgment of paternity may be used, with additional proceedings required to establish the second parent’s rights.

Montana

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Not prohibited; permitted in practice.
• Traditional Surrogacy: Not prohibited; may require post-birth proceedings.
• Pre-Birth Orders: Courts grant pre-birth parentage orders in gestational cases.

Detailed Legal Breakdown:
Montana does not have a comprehensive surrogacy statute. Gestational and traditional surrogacy arrangements are permitted because no statute prohibits them. Courts have granted pre-birth parentage orders in gestational cases. In traditional surrogacy arrangements, additional post-birth hearings or adoption proceedings may be required due to the surrogate’s genetic relationship to the child.

North Carolina

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Not prohibited; permitted in practice.
• Traditional Surrogacy: Legally uncertain; may require post-birth adoption.
• Pre-Birth Orders: Courts grant pre-birth parentage orders in gestational cases.

Detailed Legal Breakdown:
North Carolina does not have a specific surrogacy statute, but gestational surrogacy arrangements are permitted because no statute or published case law prohibits them. Courts grant pre-birth parentage orders in many gestational cases. Traditional surrogacy arrangements present greater legal uncertainty because the surrogate is genetically related to the child, and post-birth adoption or termination proceedings may be required to establish intended parentage.

New Mexico

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Not expressly permitted or prohibited by statute; parentage is established through court proceedings.
• Traditional Surrogacy: Not prohibited by statute, but compensation and relinquishment of parental rights are governed by adoption law.
• Pre-Birth Orders: Granted in many gestational cases, though outcomes may vary by county and judicial discretion.

Detailed Legal Breakdown:
New Mexico statute states that gestational surrogacy arrangements are neither expressly permitted nor prohibited. Pre-birth orders are granted, and courts name intended parents on the birth certificate pursuant to court order. The state’s adoption laws place limits on payments in traditional surrogacy arrangements. In traditional surrogacy cases, parental rights must be addressed in accordance with adoption law.

Ohio

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Recognized under case law (Belsito v. Clark).
• Traditional Surrogacy: Not prohibited by statute; enforceability varies and is typically limited to uncompensated arrangements.
• Pre-Birth Orders: Varies by county; some courts grant pre-birth orders, while others require post-birth proceedings.

Detailed Legal Breakdown:
Ohio permits gestational surrogacy under published case law, including Belsito v. Clark. Courts have enforced gestational surrogacy agreements, though specific requirements and procedures vary by county. Approximately half of Ohio courts grant pre-birth parentage orders, while others issue post-birth orders. Traditional surrogacy is not prohibited by statute, but enforceability varies by judge and circumstances, and courts are more likely to uphold non-compensated arrangements.

Pennsylvania

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Not prohibited by statute or appellate case law; practice varies by county and judge.
• Traditional Surrogacy: Not prohibited, but compensation is limited, and relinquishment of parental rights must comply with adoption law.
• Pre-Birth Orders: Granted in many gestational cases, though outcomes vary by county and factual circumstances. Pre-birth orders are not available in traditional surrogacy cases due to statutory waiting periods for termination of parental rights.

Detailed Legal Breakdown:
Pennsylvania does not have a comprehensive surrogacy statute, and gestational surrogacy is not prohibited by statute or controlling appellate case law. Courts in many counties grant pre-birth parentage orders in gestational cases, though outcomes vary depending on the county, judge, and whether donor gametes are used. Traditional surrogacy arrangements are addressed through adoption law. Under Pennsylvania law, a birth parent may not execute a valid consent to adoption until at least 72 hours after birth, which prevents issuance of pre-birth parentage orders in traditional surrogacy cases.

South Carolina

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Not prohibited by statute; case law supports enforcement of surrogacy agreements.
• Traditional Surrogacy: Not governed by statute; typically addressed through adoption law, with compensation subject to statutory limits.
• Pre-Birth Orders: Courts commonly issue temporary orders before birth and finalize parentage shortly after delivery, though procedures may vary by county.

Detailed Legal Breakdown:
South Carolina does not have a comprehensive surrogacy statute. Published case law has upheld gestational surrogacy arrangements, and courts in many counties issue consent temporary orders prior to birth, followed by a final order of parentage after delivery. Traditional surrogacy arrangements are generally addressed through adoption proceedings, and compensation must comply with South Carolina adoption law requirements.

Utah

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Governed by statute (Utah Code § 78B-15-801 et seq.). Available to married intended parents, including same-sex couples, with court validation required before birth.
• Traditional Surrogacy: Not governed by the gestational agreement statute; the statute expressly applies only to gestational agreements.
• Pre-Birth Orders: Issued following court validation of a gestational agreement, after which the court directs issuance of a birth certificate naming the intended parents.

Detailed Legal Breakdown:
Utah law provides a statutory framework for gestational agreements under Utah Code § 78B-15-801 et seq. Intended parents must be married, and the gestational agreement must be validated by a court prior to embryo transfer in order to be enforceable. Once validated, the court issues a parentage order and directs the Office of Vital Records to list the intended parents on the birth certificate. Traditional surrogacy is not addressed within the gestational agreement statute and is therefore not governed by these provisions.

Wisconsin

State Verdict: 🟡 Results May Vary

• Gestational Surrogacy: Recognized under Wisconsin Supreme Court precedent; surrogacy contracts are enforceable if consistent with the child’s best interest.
• Traditional Surrogacy: Not prohibited, but enforceability depends on judicial review and the child’s best interest.
• Pre-Birth Orders: Granted in some counties, often as interim orders, with final parentage determinations entered after birth.

Detailed Legal Breakdown:
Wisconsin does not have a comprehensive surrogacy statute. In In re Baby Girl L.J., 343 Wis.2d 708 (Wis. 2012), the Wisconsin Supreme Court held that surrogacy contracts are not automatically void and may be enforceable if consistent with the child’s best interest. In gestational cases, some courts issue interim pre-birth orders, followed by a final order after birth to facilitate issuance of the birth certificate. Traditional surrogacy arrangements are evaluated under the same best-interest framework, and parental rights may require adoption or post-birth judicial proceedings.

STATES WITH POTENTIAL LEGAL HURDLES FOR SURROGACY

Tennessee

State Verdict: 🟠 Potential Legal Hurdles

• Gestational Surrogacy: Not expressly authorized or prohibited; parentage depends on genetic connection and judicial proceedings.
• Traditional Surrogacy: Not governed by statute; subject to best-interest analysis and adoption procedures.
• Pre-Birth Orders: Granted only when at least one intended parent is genetically related to the child.

Detailed Legal Breakdown:
Tennessee does not have a comprehensive surrogacy statute. Courts generally require a genetic connection for pre-birth parentage recognition. If donor gametes are used, post-birth adoption may be required to establish parentage. The Tennessee Supreme Court has held that traditional surrogates’ parental rights cannot be terminated prior to birth and that custody and parentage determinations are governed by the child’s best interests. Surrogacy contracts are not binding but may be considered in the court’s analysis.

Virginia

State Verdict: 🟠 Potential Legal Hurdles

• Gestational Surrogacy: Governed by statute (Virginia Assisted Conception provisions); court approval prior to embryo transfer is available.
• Traditional Surrogacy: Permitted if statutory requirements are satisfied.
• Pre-Birth Orders: Not granted; consent and parentage procedures occur after birth.

Detailed Legal Breakdown:
Virginia law provides a statutory framework for gestational surrogacy agreements but requires post-birth consent procedures. The surrogate may not provide consent until four days after delivery. While court approval of the agreement before embryo transfer is available, many intended parents proceed through post-birth administrative processes. Compensation is limited to reasonable medical and related expenses.

Wyoming

State Verdict: 🟠 Potential Legal Hurdles

• Gestational Surrogacy: Not expressly authorized or prohibited; governed by general parentage law.
• Traditional Surrogacy: Not specifically governed by statute; the surrogate is treated as the birth mother.
• Pre-Birth Orders: Proceedings may be initiated before birth, but final parentage orders are issued after delivery.

Detailed Legal Breakdown:
Wyoming’s Parentage Act does not specifically address surrogacy. Courts may allow parentage proceedings to begin before birth, but final orders are entered after delivery. In traditional surrogacy arrangements, the surrogate is considered the legal mother at birth and may not terminate parental rights until after the child is born.

WHERE SURROGACY CONTRACTS ARE VOID AND UNENFORCEABLE

Arizona

State Verdict: 🔴 Contracts are Void

• Gestational Surrogacy: Surrogacy contracts are void and unenforceable under A.R.S. § 25-218.
• Traditional Surrogacy: Also falls under the statutory prohibition/unenforceability framework.
• Pre-Birth Orders: Some courts have granted parentage orders in practice, but the underlying contracts remain unenforceable.

Detailed Legal Breakdown:
Arizona law currently declares surrogacy contracts void and unenforceable under A.R.S. § 25-218. Although gestational surrogacy is practiced in the state and some courts have granted parentage orders in individual cases, the underlying contracts remain unenforceable under existing law. In the 2026 legislative session, Arizona introduced House Bill 4073, which proposes a statutory framework for gestational surrogacy agreements; however, the bill has not been enacted and does not change current law.

Indiana

State Verdict: 🔴 Contracts are Void

• Gestational Surrogacy: Practiced, but Indiana law limits the enforceability of key contract terms.
• Traditional Surrogacy: Higher risk; typically handled post-birth via adoption-related proceedings.
• Pre-Birth Orders: Some courts grant PBOs in gestational cases; traditional cases generally require post-birth procedures.

Detailed Legal Breakdown:
Indiana law (IC 31-20-1-1) declares surrogacy contracts to be void and unenforceable as a matter of public policy. However, while the contract isn’t enforced, the practice is common. Indiana courts are often favorable in establishing parentage for biological parents through pre- or post-birth orders. If a donor egg is used with an intended father’s genetic material, legal risks increase, and a post-birth adoption is often necessary.

States that Prohibit Surrogacy Contracts

Louisiana

State Verdict: 🔴 Strictly Prohibited (Commercial)

• Gestational Surrogacy: Allowed only under Louisiana’s restrictive statutory framework; compensation is prohibited.
• Traditional Surrogacy: Compensation-based traditional surrogacy contracts are void/unenforceable; adoption law constraints apply.
• Pre-Birth Orders: Available only through the statute’s court-approval process (Order Preceding Embryo Transfer) and only if requirements are met.

Detailed Legal Breakdown:
Louisiana law requires court approval before embryo transfer (an “Order Preceding Embryo Transfer”) and mandates that the gestational carrier receive no compensation under the statutory scheme. Agreements outside the statute are treated as contrary to public policy and unenforceable, and the statute is widely understood as allowing only narrow, heavily regulated gestational arrangements.

Nebraska

State Verdict: 🔴 Contracts are Void

• Gestational Surrogacy: Compensated surrogate parenthood contracts are void and unenforceable under Neb. Rev. Stat. § 25-21,200.
• Traditional Surrogacy: Also risky under the same “void/unenforceable” structure; typically requires post-birth legal work.
• Pre-Birth Orders: Not available; parentage is typically handled post-birth (often via acknowledgments + adoption/other proceedings depending on facts)

Detailed Legal Breakdown:
Nebraska statute § 25-21,200 provides that a surrogate parenthood contract is void and unenforceable and defines it in connection with compensating a woman to bear a child of a man not her husband; it also states the biological father has all rights/obligations. As a result, Nebraska does not provide a reliable pre-birth parentage order pathway, and intended parents often must pursue post-birth steps to establish full parentage.

Your Partner in Navigating Surrogacy Law

State-specific laws have a significant impact on the surrogacy journey, shaping the experience for surrogates, intended parents, and professionals. These laws set out rights, responsibilities, and protections, which can vary widely from state to state, impacting every step of the process. As discussions around surrogacy’s legal and ethical aspects continue, we may see more standardized practices across states, bringing clearer guidelines and stronger protections. With new legislation and evolving ethical standards, surrogacy is likely to move toward a more unified, transparent, and supportive path that benefits everyone involved.

Want to learn more? Visit our Step by Step Surrogate Mother Process page to learn more about the full process from start to finish.