Is Surrogacy Legal in Your State?
Navigating surrogacy laws can be complex, as regulations vary widely from state to state. Whether you’re a potential surrogate or intended parent, it’s crucial to understand the surrogacy laws in your state. At Family Inceptions, we’re here to guide you through the legal landscape so you can start your surrogacy journey with confidence.
For Intended Parents
Understanding Surrogacy Laws by State: Essential Questions for Intended Parents
For intended parents, navigating surrogacy laws by state is crucial in finding the right path to building your family. Important questions to consider include: Which states allow compensated surrogacy? In which states are surrogacy contracts enforceable, and at what point are parental rights legally recognized? For international and same-sex intended parents, are there additional legal considerations? Exploring surrogacy laws by state helps you make informed decisions and ensures a smooth, legally supported surrogacy process.
For Surrogates
Surrogacy Laws and Compensation: What Surrogates Need to Know in Each State
Surrogacy-Friendly States
In many states, surrogacy is permitted by law or recognized through case rulings. These states provide a secure legal framework for establishing parental rights, and compensated surrogacy is generally allowed. Intended parents and surrogates in these states can move forward with confidence knowing the legal process is well-defined. Select your state below to learn more about its specific surrogacy requirements. There are 43 surrogacy-friendly states listed, including Michigan, which will become surrogacy-friendly in 2025 Here’s the breakdown:
States Requiring Additional Legal Considerations
(Surrogacy Allowed, Additional Legal Steps Required)
Some states allow surrogacy but require specific legal steps that may add complexity to the process. These states may not explicitly prohibit surrogacy, but contracts may not always be enforceable, or additional legal hurdles could arise. It’s crucial to work with an experienced attorney if you plan to pursue surrogacy in these states.
Surrogacy Restricted or Prohibited States
Louisiana is now the only state in the U.S. with restrictions on compensated surrogacy arrangements. However, it’s important to note that the state where your child is born plays a
significant role in the surrogacy process. If you reside in Louisiana, we can still match you with
surrogates in surrogacy-friendly states, ensuring a legally secure and smooth experience.
Understanding Parental Orders
Pre-Birth vs. Post-Birth
The legal process for establishing parental rights in surrogacy varies between states. Some states allow for pre-birth orders, enabling intended parents to be legally recognized before the child is born. In other states, a post-birth order is required, meaning legal parentage is determined after birth. These processes can impact the ease of the surrogacy journey, so it's important to be aware of your state’s requirements.
Sexual Orientation and Marital Status
Surrogacy laws can also be influenced by sexual orientation and marital status. Some states have more inclusive laws that provide legal protections for same-sex couples, unmarried couples, and single intended parents. Others may require the intended parents to be married or to have a genetic connection to the child. We’ve compiled a list of states that extend legal surrogacy rights based on these factors: Heterosexual Couple Friendly | Same-Sex Couple Friendly | Married Couple Friendly | Non-Married Couple Friendly | Single Parent Friendly | Pre-Birth Orders Available
Surrogacy-Friendly States
Caution States
Comprehensive Legal Guidance
Family Inceptions provides comprehensive support throughout the surrogacy process, ensuring that all legal aspects are handled professionally. We work closely with experienced surrogacy attorneys who specialize in state-specific laws to ensure your journey is as smooth as possible. Remember, surrogacy laws can change, so it’s essential to consult with legal professionals for the latest information.
