Current Match Time:
Across the U.S., each state takes its own approach to surrogacy, and that means the process can be drastically different depending on where it takes place.
If you’re an intended parent, it’s natural to feel overwhelmed trying to figure out which states support your path forward. You want to make sure your surrogacy contract is enforceable, your rights are protected and your family is recognized under the law.
In this guide, we’ll explain what makes a surrogacy-friendly state and highlight the most and least supportive states. If you’re ready to take the next step, you can get free information by filling out our online form.
What Does It Mean for a State to Be Surrogacy-Friendly?
Surrogacy-friendly states have clear, supportive laws that make the legal process smoother and safer for everyone involved. These states often have:
Enforceable paid surrogacy contracts Pre-birth orders that recognize intended parents before the baby is born Inclusive laws that protect LGBTQ+ couples and single parents
These protections reduce legal risk and uncertainty, making the experience more predictable and less stressful for both intended parents and gestational surrogates.
Top Surrogacy-Friendly States
Some states offer significantly stronger legal protections for surrogacy than others, making them ideal places for intended parents to begin their journey.
California is widely recognized as the gold standard when it comes to surrogacy law in the United States. The state has a long-standing legal framework that supports both intended parents and gestational surrogates.
In addition to California, several other states have also created supportive legal environments for surrogacy. These include Colorado, Connecticut, Delaware, Indiana, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, Nevada, Pennsylvania, Vermont and Washington.
Each of these states permits surrogacy for all family types without restrictive conditions. In these locations, pre-birth orders are typically granted throughout the state, and both intended parents can be listed on the birth certificate from the start. Choosing to work with a surrogate in one of these legally supportive states can streamline your experience.
Non-Surrogacy-Friendly States: Where Surrogacy Is Complicated or Risky
Unfortunately, some states still make the surrogacy process unnecessarily difficult or risky. These non-surrogacy-friendly states include:
Uncompensated surrogacy is only permitted for married heterosexual couples using their own egg and sperm. All other arrangements are illegal. State law considers all surrogacy contracts unenforceable, even if both parties agree. Surrogacy contracts are considered void under state law. Compensated surrogacy is prohibited, and surrogacy contracts are considered void and unenforceable.
The good news? If you live in one of these states, you can still build your family by matching with a surrogate in a surrogacy-friendly state.
Surrogacy Laws by State: What to Look For
When you’re evaluating whether a state is safe and supportive for surrogacy, here are some key questions to ask:
-
Are gestational surrogacy contracts enforceable?
-
Is it legal to offer compensation to a surrogate?
-
Do courts typically issue pre-birth orders?
-
Can intended parents be listed on the birth certificate from the start?
-
Are the laws inclusive of unmarried or LGBTQ+ intended parents?
You can explore detailed legal information based on the state you live in or where your potential surrogate resides.
Why Legal Counsel Matters in Every State
Even if you're working in a surrogacy-friendly state, having legal support is essential. A qualified surrogacy attorney will:
Draft and review your surrogacy contract Guide you through the process of obtaining a pre-birth order Ensure that all state-specific requirements are met
If you’re pursuing surrogacy in a state with unclear or restrictive laws, experienced legal counsel becomes even more important. Learn more about the surrogacy legal process.
Can You Match With a Surrogate in a Different State?
Yes, and it’s very common to do so. Many intended parents live in states with limited legal protections, but legal jurisdiction typically depends on where the surrogate resides and gives birth.
If you want to match with a gestational carrier in a different state, your agency will play a critical role. They’ll help you find a surrogate in a state with a supportive legal process. Once a match is made, your agency will coordinate travel and medical logistics, ensuring everything goes according to plan.
A national agency like American Surrogacy is equipped to manage all these moving parts seamlessly. If you're curious about what to expect during the surrogacy process, you can read more about the surrogacy timeline online.
Choosing a Surrogacy Agency That Operates in Friendly States
Not every agency is equipped to handle the legal complexities of working across state lines. Look for a team that offers:
Choose an agency that can guide you through every stage of the process, including legal vetting, matching and post-birth documentation. Your agency should have deep experience navigating state surrogacy laws, helping you avoid legal pitfalls and protect your parental rights. Look for an agency that partners with gestational carriers and experienced attorneys in surrogacy-friendly states.
At American Surrogacy, we work with intended parents across the country and understand each state's surrogacy laws. We can help you find the right match in a surrogacy-friendly state.
Let us take the stress out of the legal side of surrogacy. Get in touch with one of our surrogacy specialists today to start your journey.