Family Inceptions is excited to announce the launch of our new Interactive US Surrogacy Law Map, offering an in-depth look at the surrogacy laws in each state.
Features of the new interactive US Surrogacy Law Map include:
Color-coded US map, with states categorized based on the legality of surrogacy in that state
- Surrogacy Friendly States (Orange): These states either expressly permit surrogacy by statute or case law, or have no law prohibiting surrogacy. A secure legal process exists in these states to establish parental rights. 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*(Feb 2021) North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Texas Utah Vermont Washington West Virginia Wisconsin
- Caution Surrogacy States (Aqua): These states present potential legal obstacles and require additional legal processes depending on the circumstance. In limited circumstances, surrogacy is practiced in these states, but results may be unpredictable. Arizona Idaho Indiana Tennessee Virginia Wyoming
- Restricted/Prohibited Surrogacy States (Gray): These states prohibit or criminalize surrogacy, or refuse to enforce surrogacy contracts. Surrogacy is not widely practiced and is not advised in these states. Louisiana Michigan Nebraska
Further delineation of the laws and surrogacy practices in each state
Click on each state to see how that state’s laws and practices apply to same-sex couples, married and non-married couples, single parents, the use of donor gametes including embryos, and how pre-birth orders, post-birth orders, and/or post-birth adoptions are issued. Each category is represented by a graphic for easy visualization of the laws and practices in each state.
FREE US Surrogacy Law Map Download
Download a printable version of the US Surrogacy Lap map for free and register for updates via email with any new laws, policy revisions, or announcements concerning the legality of surrogacy in the United States.
Statistics regarding how marital status effects surrogacy, and a breakdown of the legality and surrogacy practices of each surrogacy-friendly state based on sexual orientation and marital status
Statistics include:
- States that are “friendly” for hetero married couples (96%) vs. hetero non-married couples (74%)
- States that are “friendly” for same-sex married couples (87%) vs. same-sex non-married couples (74%)
- States that are “friendly” for single parents (83%)
For a list of the specific states in each category, simply click on the percentage on the US Surrogacy Law Map page. Percentages based on 47 states that allow surrogacy as of 2020.
Statistics regarding the “fine print” of surrogacy and a breakdown of the additional requirements that may exist in surrogacy-friendly states
Statistics include:
- States with legal statutes or laws in place regulating surrogacy (34%) vs. states that allow surrogacy, but no legal statute, law, or regulation is in place (66%). Percentages based off the 47 states that allow surrogacy as of 2020.
- States that issue pre-birth orders (45 states as of 2020), but require a genetic relationship by at least one parent (24%) or require intended parents to be married (20%).
- States that are considered donor-friendly (41 states as of 2020), but only if a genetic relationship exists between at least one parent (62%) or require intended parents to be married (19%).
For a list of the specific states in each category, simply click on the percentage on the US Surrogacy Law Map page.
