US Surrogacy Law by State

Click on your state on the map to find out the status.

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

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Married Couple Friendly

nonmarried

Non-Married Friendly

kid-and-baby

Non-Married Friendly

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Hetero Couples

96%

74%

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Same-Sex Couples

87%

74%

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Single Parents

83%

*percentages based on 47 states that allow surrogacy as of 2020

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

Legally Securing Your Parentage in the US

Obtaining a Pre-Birth
Order

*percentages based on 45 states 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? ​

Contact our Legal Services Team

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.

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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.