Surrogacy in the United States

Surrogacy laws around the country

Becoming a gestational surrogate is a life-changing experience that requires a significant amount of time, energy, and physical commitment. You will be entrusted to carry a child for another family. Although there are no federal surrogacy laws in the United States, agencies around the country follow similar protocols to ensure the health and emotional safety of both surrogates and intended parents.

Agencies specialize in the legal aspects of surrogacy contracts and can ensure that everyone involved is protected from screening through establishing parentage and delivery.

Surrogacy is regulated on a state-level, and processes and rules can vary wildly from state to state. Intended parents often have to travel to a different state to pursue a gestational surrogacy agreement that fits their unique needs. Michigan is the only state remaining that expressly prohibits paid surrogacy, but states are either more or less friendly to surrogacy with some having unclear surrogacy laws and uncertainty about the legality of pre-birth orders and contracts.

Surrogacy-friendly States

In surrogacy-friendly states, surrogacy is either specifically permitted by law or there is no law prohibiting it, and established, legal processes exist to establish parental rights. Unfortunately, not all states have equal rights for different types of parents. Some allow only married couples and some do not allow same-sex couples or single parents. Pre-birth and post-birth orders vary from state to state as well.

Alabama

Alaska

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Illinois

Iowa

Kansas

Kentucky

Maine

Maryland

Massachusetts

Minnesota

Mississippi

Missouri

Montana

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Texas

Utah

Vermont

Washington

West Virginia

Wisconsin

States that are not surrogacy-friendly

States that could present legal issues for people pursuing surrogacy are Arizona, Idaho, Indiana, Tennessee, Virginia and Wyoming. States where surrogacy is severely restricted and even criminalized are Louisiana, Michigan and Nebraska. It is highly recommended NOT to pursue surrogacy in these states.

While the majority of our cases are in New York and the surrounding states and Texas, Alcea supports surrogates and intended parents across the United States and abroad. See our Alcea surrogacy map for more details about surrogacy acceptance and laws in your state.