Surrogacy Laws by State: 50-State Guide for Intended Parents and Surrogates

Surrogacy laws in the United States are not governed by one national rule. Instead, each state has its own approach to gestational surrogacy, parentage orders, birth certificates, compensation, surrogacy agreements, genetic connection requirements, and whether intended parents can be recognized as the legal parents without completing an adoption.

But the most important point for intended parents to understand is this:

In most surrogacy journeys, the surrogate’s location matters more than where the intended parents live.

That is because the surrogate’s state is usually where the pregnancy is carried, where the baby is delivered, where the hospital processes the birth, and where the parentage order is filed. Intended parents may live in another state or even another country, but the legal process is usually shaped by the laws and procedures of the state where the surrogate lives and gives birth.

This guide is based on experience and research conducted and synthesized by Surrogate Steps founder, CEO, and reproductive attorney, Yifat Shaltiel, Esq. It is intended to help intended parents and prospective surrogates understand how surrogacy laws vary by state, why the surrogate’s location matters so much, and why legal guidance is essential before beginning a surrogacy journey.

Surrogacy law is only one part of the process. In a full journey, intended parents and surrogates also need to coordinate matching, screening, clinic review, insurance, escrow, legal contracts, embryo transfer, pregnancy support, parentage orders, and delivery planning. As a licensed gestational surrogacy agency, Surrogate Steps helps guide these pieces so the journey is organized, legally informed, and supported from the beginning.

What Is Gestational Surrogacy?

Gestational surrogacy is the most common form of surrogacy used today. In gestational surrogacy, the surrogate, also called the gestational carrier, carries a pregnancy created through IVF and is not genetically related to the child.

The CDC defines a gestational carrier as someone who carries an embryo formed from another woman’s egg with the expectation that the child will be returned to the intended parents. View Reference: Glossary of Terms CDC

This is different from traditional surrogacy, where the person carrying the pregnancy also provides the egg and is genetically related to the child.

This article focuses on gestational surrogacy.

Quick Answer: What Are the Best States for Surrogacy?

The best states for a surrogate to live in for a smooth surrogacy journey are generally states where gestational surrogacy is clearly permitted, compensated surrogacy is allowed, intended parents can obtain a birth order without adoption, and a genetic connection to the child is not required.

Some of the strongest states for a surrogate to live and deliver in include:

California, Colorado, Connecticut, Delaware, Maine, Massachusetts, Michigan, Nevada, New Hampshire, New Jersey, New York, Rhode Island, Vermont, Washington, and Washington, D.C.

Louisiana and Nebraska are generally not recommended for compensated surrogacy.

For intended parents, the key takeaway is that your home state is usually less important than your surrogate’s state. A family living in a surrogacy-friendly state may still face complications if their surrogate lives somewhere restrictive, while intended parents in a less favorable state may still have a secure journey if their surrogate lives and delivers in a state with a strong legal framework.

If you are trying to understand whether a potential surrogate’s state is right for your journey, visit our intended parents page or request a free intended parent consultation.

Surrogacy Laws by State at a Glance

The chart below organizes each state into four practical categories:

Good State, proceed: These states generally provide a clear and favorable legal path for gestational surrogacy.

Good State with additional rules, proceed with caution: These states are generally workable, but additional rules, court procedures, timing issues, genetic connection requirements, or county-specific practices may apply.

Good state, but not for everyone, proceed with caution: These states may be workable only for certain intended parents, certain family structures, or journeys with a genetic connection.

Not good state: These states are generally not recommended for compensated gestational surrogacy because the law is restrictive, unfavorable, or makes compensated surrogacy arrangements unenforceable.

Surrogacy Laws by State Chart

Why the Surrogate’s State Matters Most

One of the biggest misunderstandings in surrogacy is assuming that intended parents are governed mainly by the laws of the state where they live.

In most cases, the more important state is where the surrogate lives and delivers. That state’s laws and procedures often determine whether compensated surrogacy is allowed, whether the agreement is enforceable, whether intended parents can obtain a birth order, whether the order can be entered before or after birth, and whether adoption is required.

For example, intended parents who live in California may still face legal complications if they match with a surrogate in a restrictive state. On the other hand, intended parents who live in a less favorable state may still have a legally secure journey if their surrogate lives in a state with a clear surrogacy framework.

This is especially important for single intended parents, unmarried couples, same-sex couples, international intended parents, and intended parents using donor eggs, donor sperm, or donated embryos.

Where the intended parents live still matters for travel, communication, insurance planning, and post-birth logistics. But from a legal standpoint, the surrogate’s state is often the controlling factor.

How Surrogate Steps Helps Coordinate the Process

Understanding which states are surrogacy-friendly is an important first step, but it is not the only step. A successful surrogacy journey also requires careful coordination between the intended parents, surrogate, fertility clinic, attorneys, insurance professionals, escrow company, and delivery hospital.

Surrogate Steps helps intended parents and surrogates move through each stage of the process, including surrogate matching, pre-match screening, medical record review, clinic coordination, legal contract coordination, escrow setup, insurance review, pregnancy support, parentage planning, and delivery preparation.

The goal is not just to find a surrogate. It is to make sure the match is medically appropriate, legally workable, financially organized, and supported throughout the journey.

For a step-by-step overview, visit our guide to the surrogacy process for intended parents.

Why Birth Orders Matter

A birth order is one of the most important legal steps in a gestational surrogacy journey. It is the court order or legal mechanism that recognizes the intended parent or intended parents as the child’s legal parents.

Depending on the state, a birth order may be obtained before birth, after birth, or both. A pre-birth order can allow the intended parents to be treated as the legal parents immediately at birth and listed on the child’s birth certificate from the beginning. A post-birth order may require the child to be born before parentage is finalized.

This is why intended parents should not only ask whether surrogacy is “legal” in a state. The more important question is whether they can obtain the right parentage order in that state based on their family structure, genetic connection, embryo plan, and surrogate’s location.

This question also comes up often in a related way: can a surrogate keep the baby? In a properly structured gestational surrogacy journey, the legal process is designed to recognize the intended parents as the child’s legal parents, but the details depend heavily on state law and the parentage process.

Why Genetic Connection and Family Structure Matter

Many surrogacy-friendly states allow intended parents to obtain parentage even when neither intended parent has a genetic connection to the child. This is important for families using donor eggs, donor sperm, donated embryos, or other family-building arrangements.

But some states still treat genetic connection as an important factor. Illinois requires a genetic connection to at least one parent. Iowa only allows parentage orders to establish rights for parents genetically connected to the child. Idaho generally requires a biological connection unless the intended parents proceed through adoption.

Marital status and family structure can also matter. Some states provide the clearest pathway for married intended parents. Others may treat single intended parents, unmarried couples, same-sex couples, or non-genetic intended parents differently.

For more background on genetic connection in surrogacy, read our guides on whose egg is used in surrogacy, whether a surrogate shares DNA with the baby, whether a surrogate shares blood with the baby, and whether the baby will look like the surrogate mother.

If you are exploring surrogacy as a same-sex couple, you may also want to review our page on gay surrogacy.

The Role of the Gestational Carrier Agreement

The gestational carrier agreement, often called the surrogacy agreement, is the legal contract between the intended parents and the surrogate. It defines the rights, responsibilities, expectations, compensation, medical decision-making, insurance requirements, reimbursements, travel rules, confidentiality obligations, and legal parentage process.

The American Society for Reproductive Medicine states that gestational carriers should be fully informed of the risks and the contractual and legal aspects of the gestational carrier process. View Reference: Consideration of the gestational carrier: an Ethics Committee opinion ASRM

In many states, the timing and structure of the agreement matter. Some states require the agreement to be signed before embryo transfer. Some require each party to have independent legal counsel. Some require medical evaluations, mental health consultations, notarized signatures, escrow funding, and specific statutory language.

To learn more, visit our guide to the gestational carrier agreement.

How Surrogacy Laws Connect to the Medical Process

The legal process and medical process are closely connected in surrogacy. In most gestational surrogacy journeys, the pregnancy is established through IVF. During IVF, eggs are retrieved and fertilized with sperm in a laboratory, and an embryo is later transferred into a uterus. View Reference: In vitro fertilization IVF Mayo Clinic

The CDC explains that assisted reproductive technology can include retrieving eggs, combining eggs with sperm in a laboratory, and returning embryos to either a patient or a gestational carrier. View Reference: About ART CDC

This is why legal clearance is typically completed before embryo transfer. Intended parents and surrogates should not move forward with transfer until the legal agreement is signed, insurance has been reviewed, escrow has been arranged if applicable, and the clinic has received legal clearance.

For a full overview of the journey, see our guide on how surrogacy works and our step-by-step surrogacy process for intended parents.

What Intended Parents Should Consider Before Matching With a Surrogate

Before matching with a surrogate, intended parents should confirm whether the surrogate’s state works for their specific journey.

Key questions include:

• whether compensated gestational surrogacy is allowed
  whether the surrogacy agreement will be enforceable
  whether a pre-birth or post-birth order is available
  whether adoption may be required
  whether a genetic connection is required
  whether the state works for married, unmarried, single, same-sex, or international intended parents
  whether donor eggs, donor sperm, or donated embryos create additional legal issues
  whether the intended parents can be listed on the birth certificate
  whether separate attorneys are required
  whether insurance, escrow, psychological screening, and medical clearance must be completed before transfer
• The safest approach is to review the surrogate’s state before agreeing to a match. A surrogate may be wonderful, medically qualified, and emotionally aligned with the intended parents, but if she lives in a legally difficult state, the journey may become more complicated or may not be appropriate for that family.

If you are still early in the process, you may also want to review our guides on how to find a surrogate, surrogacy costs, surrogacy loans, and whether insurance will cover surrogacy.

What Surrogates Should Know About State Laws

State laws affect surrogates too.

If you are thinking about becoming a surrogate, your state can impact whether you can participate in a compensated surrogacy journey, what legal protections need to be in place, when the agreement must be signed, and how the intended parents will be recognized as the child’s legal parents.

Surrogates should also have their own independent attorney. Your attorney should review the agreement, explain your rights and responsibilities, and help make sure the agreement protects you throughout the journey.

If you are considering becoming a surrogate, visit our main surrogate page, review our surrogate requirements, learn about the surrogate mother process, or read more about surrogate pay.

You can also learn how to become a surrogate, review common surrogacy disqualifications, or visit our surrogate FAQs.

When to Speak With a Surrogacy Attorney

Because surrogacy law varies so much by state, intended parents and surrogates should speak with an attorney before moving forward. This is especially important if the intended parents are unmarried, single, a same-sex couple, using donor embryos, using donor eggs or donor sperm, or do not have a genetic connection to the child.

It is also important if the surrogate lives in a state with limited precedent, the intended parents live in a different state or country, the state requires post-birth orders, or the parties are considering an independent surrogacy journey.

To learn more, review our guide to surrogacy attorneys and lawyers by state.

Surrogacy Laws by State FAQs

What state’s surrogacy laws matter most?

In most surrogacy journeys, the surrogate’s state matters most because it is usually where the pregnancy is carried, where the baby is delivered, where the hospital processes the birth, and where the parentage order is filed.

What is the most surrogacy-friendly state?

California is often considered one of the most surrogacy-friendly states because it has a clear legal framework, allows compensated gestational surrogacy, and generally allows intended parents to obtain parentage regardless of marital status, sexual orientation, or genetic connection.

Other strong surrogacy states include Colorado, Connecticut, Delaware, Maine, Massachusetts, Michigan, Nevada, New Hampshire, New Jersey, New York, Rhode Island, Vermont, Washington, and Washington, D.C.

What states are not good for compensated surrogacy?

Louisiana and Nebraska are generally not recommended for compensated surrogacy. Louisiana restricts compensated surrogacy, while Nebraska makes compensated surrogacy arrangements unenforceable.

Can intended parents live in a different state than the surrogate?

Yes. Intended parents can often live in a different state, or even a different country, than the surrogate. This is very common in modern surrogacy.

However, even when intended parents live somewhere else, the surrogate’s state usually plays the larger role in determining the legal process.

Does where the intended parents live matter?

Yes, but usually less than the surrogate’s location. Where the intended parents live can affect travel, remote coordination, insurance planning, post-birth logistics, and sometimes how parentage documents are used after the baby is born. But the legal process is often centered around the surrogate’s state and birth state.

Can intended parents get a birth order without adoption?

In many states, yes. A birth order allows intended parents to be recognized as the legal parents of the child without completing an adoption. However, the answer depends on the state, the intended parents’ marital status, their genetic connection to the child, the embryos used, and the timing of the parentage process.

Can intended parents complete surrogacy without a genetic connection to the child?

Yes, in many states. Some states allow intended parents to obtain a birth order even when neither intended parent has a genetic connection to the child. However, some states still require a genetic connection to at least one intended parent or may require adoption for a non-genetic parent.

Do intended parents need a surrogacy attorney?

Yes. Intended parents should work with an attorney experienced in assisted reproduction and surrogacy law. A surrogacy attorney helps draft or review the gestational carrier agreement, ensure compliance with state law, and handle the parentage process.

Do surrogates need their own attorney?

Yes. A surrogate should have her own independent attorney. The surrogate’s attorney helps review the agreement, explain her rights and responsibilities, and make sure she understands the legal, financial, and medical expectations of the journey.

Can a surrogate keep the baby?

In a properly structured gestational surrogacy journey, the intended parents and surrogate sign a legal agreement before embryo transfer, and the parentage process is designed to recognize the intended parents as the child’s legal parents.

However, the exact process depends on state law. You can learn more in our guide on whether a surrogate can keep the baby.

When should legal clearance happen in surrogacy?

Legal clearance should happen before embryo transfer. In most surrogacy journeys, the intended parents and surrogate complete the gestational carrier agreement, insurance review, escrow setup, and attorney review before the fertility clinic proceeds with the embryo transfer.

Final Takeaway

Surrogacy laws by state vary dramatically. Some states offer a clear and favorable pathway for all family types. Others are workable but require additional planning, careful legal strategy, or specific facts. A few states should generally be avoided for compensated surrogacy.

For intended parents, the most important takeaway is that the surrogate’s location usually matters more than where the intended parents live. The surrogate’s state may determine whether compensated surrogacy is allowed, whether the agreement is enforceable, whether a birth order is available, whether adoption is required, and whether the intended parents can be listed on the birth certificate.

Surrogate Steps helps intended parents and surrogates navigate the legal, medical, financial, and emotional steps of the surrogacy process. To learn more about who we are, visit our about us page or meet our team.

If you are considering surrogacy, request a free intended parent consultation, apply to become a surrogate, or contact us with questions.