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
Married Couple Friendly
Non-Married Friendly
Single Friendly
Donor Egg, Sperm, or Embryo Friendly
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.
- 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.
- 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.
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.
Married Couple Friendly
Non-Married Friendly
Single Friendly
*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
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.
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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.
