Surrogacy laws are ever changing. Below we’ve complied a list of known surrogacy laws in each state. Please be sure to check with a reproductive lawyer in your state to confirm all current laws and potential issues.
Gestational Surrogacy is allowed in Alabama. However, results may vary by county.
Gestational Surrogacy is allowed in Alaska. However, there are many unknowns regarding surrogacy in Alaska. Proceed with caution.
Arizona law prohibits all surrogacy agreements, and contracts are unenforceable. However, surrogacy is still practiced in the state of Arizona. Proceed with caution.
Gestational Surrogacy is allowed in Arkansas, with stipulations. Your results may vary depending on such factors as marital status, sexual orientation, and biological relationship to the child.
Gestational Surrogacy is allowed in Colorado, as no direct law prohibits surrogacy. However, some results may vary by county.
Gestational Surrogacy is fully permitted and allowed in Delaware.
Gestational Surrogacy is allowed in Florida, for married couples only. All other couples will need to take extra legal steps.
Gestational Surrogacy is allowed in Georgia. However, individual results may vary.
Gestational Surrogacy is allowed in Idaho. However, only Post-Birth Parentage Orders are granted. This may require extra legal steps. More information here.
Gestational Surrogacy is permitted and allowed in Illinois. Individual results may vary by county.
Surrogacy in Iowa is unclear, but seems to be allowed. Post-Birth Order only. Individual results may vary. Proceed with caution.
Gestational Surrogacy is allowed in Kansas. There are no direct laws for or against surrogacy within the state of Kansas.
Gestational Surrogacy is allowed in Kentucky. However, results may vary by county.
Gestational Surrogacy is allowed in Louisiana. However, some scenarios and situations may be deemed unenforceable. Proceed with caution.
Gestational Surrogacy is fully permitted and allowed in Maryland.
Gestational Surrogacy is fully permitted and allowed in Massachusetts. Some results may vary by county.
All surrogacy agreements are prohibited by law in Michigan. Let it also be known that surrogacy contracts for compensation are subject to criminal penalties within the state of Michigan.
Gestational Surrogacy is allowed in Minnesota. However, results may vary.
Gestational Surrogacy is allowed in Missouri. However, results may vary by county.
Gestational Surrogacy is allowed in Montana. However, as surrogacy is not widely done in the state of Montana, there are many unknowns.
Surrogacy contracts are not upheld in the state of New Jersey. Therefore contracts are void and unenforceable.
Gestational Surrogacy is allowed in New Mexico, as there are no direct laws regarding surrogacy.
Gestational Surrogacy is allowed in North Carolina. Individual results may vary.
Gestational Surrogacy is fully permitted and allowed in Ohio. Referencing J.F.v.D.B.,879N.E.2d740.
Gestational Surrogacy is allowed in Oklahoma, as there are no direct laws on surrogacy. Some consider this state to have legal hurdles. Please proceed with caution. Visit Tucker Law Firm for more information.
Gestational Surrogacy is allowed in Pennsylvania per Baby S. Appeal of S.S, 2015 Pa. Super. 244 that rules surrogacy contracts are valid and enforceable.
Gestational Surrogacy is allowed in South Carolina, as there are no laws that prohibit surrogacy. However, individual results may vary with certain factors.
Gestational Surrogacy is allowed in South Dakota, however individual results may vary.
Gestational Surrogacy is allowed in Tennessee, however this law pertains to married couples only. For further information visit TN Baby Law.
Gestational Surrogacy is allowed in Texas, with stipulations. Individual results may vary by county.
Gestational Surrogacy is allowed in Utah, however individual results may vary by county.
Gestational Surrogacy is permitted in Vermont, however individual results may vary by county.
Gestational Surrogacy is permitted in Virginia, with stipulations. Proceed with caution.
Washington state now allows compensated surrogacy agreements for the first time. This new legislation will take effect in 2019.
Gestational Surrogacy is allowed in West Virginia, however individual results may vary by county.
Gestational Surrogacy is allowed in Wisconsin, however individual results may vary by county.
Surrogacy law is unclear in Wyoming. Proceed with caution.
For a complete outline of surrogacy laws in your state, please visit the Surrogacy Map at Creative Family Connections, which is updated regularly.