US Surrogacy Law by State

Click on any state on the map below for more information on surrogacy law in that state.

Same-Sex Friendly

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Married Couple Friendly

nonmarried

Non-Married Friendly

kid-and-baby

Single Friendly

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Donor Egg, Sperm, or Embryo Friendly

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Pre-Birth Order, Post-Birth Order, or Post-Adoption Order

  • Surrogacy Friendly

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.

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  • Caution

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.

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  • Restricted/ Prohibited

These states prohibit or criminalize surrogacy, or refuse to enforce surrogacy contracts.  Surrogacy is not widely practiced and is not advised in these states.

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How Marital Status Effects Surrogacy

A Look at Surrogacy-Friendly States for Hetero, Same-Sex, and Single Intended Parents

Click on stat numbers to see list of specific states.

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Married Couple Friendly

nonmarried

Non-Married Friendly

kid-and-baby

Single Friendly

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Hetero Couples
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Same-Sex Couples
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Single Parents

*percentages based on 47 states that allow surrogacy as of 2020
Click on stat numbers to see list of specific states.

The Fine Print of Surrogacy: Breaking Down Additional Requirements in Surrogacy-Friendly States

Legal Statutes Regulating Surrogacy

*percentages based on 47 states that allow surrogacy

Obtaining a Pre-Birth
Order

*percentages based on 45 states that allow pre-birth orders as of 2020

Utilizing Donor Gametes for Surrogacy

*percentages based on 41 states considered donor friendly as of 2020

The laws around Surrogacy are constantly changing and may vary from state-to-state (sometimes varied by county). Based on our experience, written law and practiced law in a number of states can differ widely. Thus, it is very important that you not only get yourself familiar with the law of your state, but also seek legal representation to assist and guide you in your unique circumstances.

Surrogacy Friendly States

These states either expressly permit surrogacy by statute or case law, or have no law prohibiting surrogacy.  A legal process exists in these states to establish parental rights.   

Caution Surrogacy States

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.    

Restricted States/States that Prohibit Surrogacy.

These states prohibit or criminalize surrogacy, or refuse to enforce surrogacy contracts.  Surrogacy is not widely practiced and is not advised in these states.

Do you have questions about surrogacy law in your state? ​

This US Surrogacy Law map, website, and the information contained herein are the property of and owned by Family Inceptions International, LLC. (“FII”), and such information is protected by the copyright laws of the United States.

Any use, transmission, dissemination, or misappropriation of this information without FII’s express written consent is strictly prohibited and may constitute a federal offense under, e.g., the Digital Millennium Copyright Act (“DMCA”), which criminalizes, amongst other things, production and dissemination of copyrighted works.

The content provided herein is only intended for informational purposes; it is not intended to be legal advice, not intended to substitute for legal counsel in any jurisdiction, and does not create an attorney-client privilege between FII and the recipient of the information.

Surrogacy law in the United States is a developing field; the laws are subject to frequent change, and current laws and outcomes are not necessarily indicative of future laws and outcomes. FII makes no warranties concerning the completeness or accuracy of this information, and FII expressly disclaims all liability for any actions or inactions that stem from the review of such content contained herein.

Consult a licensed attorney for the most accurate, up-to-date information in your jurisdiction.

U.S. Surrogacy Law Map by State

US Surrogacy laws are continuously changing. Sign up to receive updates on new laws, mandates, and an updated map as it becomes available.

Do you have questions about surrogacy law in your state? ​

States that are Friendly for Hetero Married Couples

AL, AK, AR, AZ, CA, CO, CT, DC, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, ME, MD, MA, MN, MS, MT, NV, NH, NJ, NM, NY*, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WA, WV

States that are Friendly for Hetero Non-Married Couples

AL, AK, CA, CO, CT, DC, DE, GA, IA, ID, IL, IN, KS, ME, MD, MA, MS, MT, NV, NH, NJ, NM, NY*, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, VT, WA

States that are Friendly for same-sex Married Couples

AL, AK, AR, CA, CO, CT, DC, DE, FL, GA, IA, ID, IL, KS, KY, ME, MD, MA, MN, MS, MT, NV, NH, NJ, NY*, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WA, WV

States that are Friendly for same-sex non-Married Couples

AK, CA, CO, CT, DC, DE, GA, IA, ID, IL, KS, KY, ME, MD, MA, MN, MS, MT, NV, NH, NJ, NY*, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, VT, WA, WV

States that are Friendly for single parents

AL, AK, AR, AZ, CA, CO, CT, DC, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, ME, MD, MA, MT, NV, NH, NJ, NM, NY*, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, UT, VA, VT, WA, WV

States with Legal Statutes in Place

AR, CA, DE, FL, DC, IL, ME, NH, NJ, NY*, ND, TN, TX, UT, VA, WA

States with No Legal Statutes in Place

AL, AK, AZ, CO, CT, GA, HI, IA, ID, IN, KS, KY, MD, MA, MN, MS, MT, NV, NJ, NM, NC, OH, OK, OR, PA, RI, SC, SD, VT, WI, WV, WY

States that require genetic relationship when obtaining a pre-birth order

AZ, KS, LA, MI, MT, NC, TN, WI

States that require marriage when obtaining a pre-birth order

AL, AK, AR, FL, KY, LA, MI, TX, UT, WV, WI

States that have no restrictions when obtaining a pre-birth order

CA, CO, CT, DE, GA, IN, IA, ME, MD, MA, MN, MS, NV, NH, NJ, NM, NY*, ND, OH, OK, OR, PA, RI, SC, SD, VA, VT, WA

States that require Genetic Relationship when using Donor Gametes

FL, HI, ID, IN, IA, KY, MT, TN

States that require marriage when using Donor Gametes

AR, KS, NC, OH, TX, UT, VA, WV

States that have no additional requirements when using Donor Gametes

AL, AK, CA, CO, CT, DE, GA, IL, ME, MD, MA, MS, NV, NH, NJ, NM, NY*, ND, OK, OR, PA, RI, SD, VT, WA