This survey of State Surrogacy Law is not meant to be a legal treatise on the status of such gestational surrogacy in each listed State. Nonetheless, as a general rule, unless there is a clear civil or criminal prohibition against such arrangements, an experienced Assisted Reproductive Law Attorney can provide a creative solution to your desire to act as a surrogate, or insure your name be listed on a birth certificate as the Intended and Legal Parent. **Please note that state laws are ever-changing and you must contact a local reproductive attorney in the state where the baby will be born in for full legal details!
Alabama Surrogacy Law
Alabama law does not directly address surrogacy, but at least one court has acknowledged the parental rights of non-biological participants in a surrogacy arrangement in a best interests of the child analysis.
Alaska Surrogacy Law
There is no provision on surrogacy in Alaska state law. Thus, the legal status of surrogacy agreements in Alaska is unclear.
Arizona Surrogacy Law
Arizona law is unclear on the issue of surrogacy agreements as the constitutionality of statutory language prohibiting surrogacy arrangements has been brought into question by an appellate court. The Court of Appeals found that the statute violated the Equal Protection Clause of the Fourteenth Amendment by granting the intended father an opportunity to establish paternity but denying the same chance to the intended mother.
California Surrogacy Law
There is no statutory provision on surrogacy in California state law, but it is permitted as courts have consistently upheld both traditional and gestational surrogacy arrangements.
Unlike some states, California clearly looks at the intention of the contracting parties to determine the nature and status of a surrogacy contract. California is also liberal enough to uphold surrogacy arrangements in the context of a domestic partnerships.
Colorado Surrogacy Law
There are no provisions in Colorado law or reported or published cases dealing with the issue of surrogacy.
Connecticut Surrogacy Law
While Connecticut statutes are silent with regard to surrogacy agreements, but such agreements have been adjudicated and parenting arrangements contemplated by those agreements have been upheld. One Court states: “The egg donor agreement and the gestational carrier agreement [were] valid, enforceable, irrevocable and of full legal effect” under the laws of Connecticut.
Delaware Surrogacy Law
There is no provision on surrogacy in Delaware state law, but it appears to be prohibited as a lower court held that a “contractual agreement to terminate parental rights … is against the public policy of this [s]tate and may not be enforced by the [c]ourt.”
District of Columbia Surrogacy Law
District of Columbia law prohibits both traditional and gestational surrogacy agreements and participation in them are deemed criminal.
Florida Surrogacy Law
Florida statutes permit surrogacy agreements for married couples only so long as certain stated conditions are met. Egg or Sperm donation agreements are not as strictly proscribed. Florida is generally a pro-reproductive technology state.
Georgia Surrogacy Law
There are no provisions in Georgia law or reported or published cases dealing with the issue of surrogacy.
Hawaii Surrogacy Law
Summary: There are no provisions in Hawaii law or reported or published cases dealing with the issue of surrogacy.
Idaho Surrogacy Law
There is no provision on surrogacy in Idaho state law, but it appears to be permitted.
Illinois Surrogacy Law
Illinois law provides for gestational surrogacy with certain specific requirements, but does not address traditional surrogacy.
Indiana Surrogacy Law
Indiana law declares surrogacy contracts unenforceable as against public policy.
Iowa Surrogacy Law
Iowa has no laws that specifically address the enforceability of surrogacy contracts, however a prohibition against the purchase or sale of an individual specifically states that it does not apply to surrogate mother arrangements.
Kansas Surrogacy Law
Kansas has no laws regarding surrogacy, but two attorney general opinions indicate that surrogate parenting agreements are unenforceable in the state.
Kentucky Surrogacy Law
There is no statutory provision in Kentucky directly addressing the validity of surrogacy agreements, but an attorney general opinion and case law indicate uncompensated agreements may be permissible.
Louisiana Surrogacy Law
Louisiana law holds any traditional surrogacy contract void and unenforceable as against public policy, but does not address uncompensated agreements or gestational surrogacy arrangements.
Maine Surrogacy Law
There are no provisions in Maine law or reported or published cases dealing with the issue of surrogacy.
Maryland Surrogacy Law
While Maryland does not have a specific law that addresses surrogacy agreements, related laws may hold compensated agreements unenforceable.
Massachusetts Surrogacy Law
Massachusetts State courts have generally treated surrogacy contracts favorably. Because the best of interests of the child is part of the final determination, a judge could certainly find that a single parent household or same sex couple to be the best environment for the child of the surrogacy.
Michigan Surrogacy Law
Michigan has one of the strictest laws prohibiting surrogacy contracts, not only holding them unenforceable, but designating them criminal as against the best interests of children and preventing the exploitation of women.
Minnesota Surrogacy Law
There is no provision in Minnesota law on the subject of surrogacy.
Mississippi Surrogacy Law
There are no provisions in Mississippi law or reported or published cases dealing with the issue of surrogacy.
Missouri Surrogacy Law
The legal status of surrogacy agreements in Missouri is unclear. However, the crime of “trafficking in children” (a felony) includes payment for “delivery or offer of delivery of a child … for purposes of adoption, or for the execution of consent to adopt or waiver of consent to future adoption or consent to termination of parental rights.” Thus, a compensated surrogacy agreement might be deemed illegal.
Montana Surrogacy Law
There are no provisions in Montana law or reported or published cases dealing with the issue of surrogacy.
Nebraska Surrogacy Law
Nebraska law declares surrogacy contracts void and unenforceable, but may allow uncompensated agreements.
Nevada Surrogacy Law
It is important to hire a surrogacy lawyer in Nevada so you can understand all you need to know about the following type of surrogacy issues:
Nevada surrogacy laws – Nevada is currently one of the most progressive states in the country when it comes to surrogacy laws. As they are constantly changing, it helps to consult with an attorney before you make a decision.
Surrogacy contracts – Drafting the right document before entering the agreement is crucial for preserving your rights as a parent or gestational carrier.
Surrogacy for LGBT couples – Both state and federal laws have specific statutes that affect lesbian, gay, bisexual and transgender parents. We can explain how these laws affect you.
Gestational carrier representation – Before you agree to be a gestational carrier for another parent or parents, you need to understand what your rights are.
Intended carrier representation – When you trust another person to bring your child into the world, there are many legal and personal matters to consider first.
New Hampshire Surrogacy Law
NH statute defines intended parents as any person and specifically states “intended mothers, intended fathers, or a combination of both” NH RSA 168-B:1, XIII
Parentage orders are also allowed prior to birth
New Jersey Surrogacy Law
Surrogacy cases in New Jersey have created a fairly well-defined common law rule that prohibits compensated traditional surrogacy arrangements and allows only uncompensated gestational surrogacy arrangements. Anecdotal evidence demonstrates, however, that compensated gestational surrogacy arrangements will be accepted by the Court so long as there is a contemporaneous termination of parental rights by the Carrier.
New Mexico Surrogacy Law
New Mexico law appears to allow surrogacy agreements, but forbids “payment to a woman for conceiving and carrying a child” beyond payment for medical and other similar expenses.
New York Surrogacy Law
New York law prohibits surrogacy agreements as being contrary to public policy.
North Carolina Surrogacy Law
North Carolina has no laws directly regarding surrogacy, however, other laws appear to allow surrogacy arrangements when they do not include payment beyond the surrogate’s medical and related expenses.
North Dakota Surrogacy Law
North Dakota law holds surrogacy contracts to be void and unenforceable and the surrogate mother is deemed the legal mother of any child born as a result of a surrogacy, while her husband, if one, is considered the legal father.
Ohio Surrogacy Law
Ohio state law is unclear on surrogacy, but that “as a matter of public policy, the state will not enforce or encourage private agreements or contracts to give up parental rights.” The Courts have concluded that the legality of surrogacy agreements in Ohio is "unsettled and open to considerable scrutiny."
Oklahoma Surrogacy Law
There is no provision on surrogacy in Oklahoma state law, but an attorney general opinion suggests that payments limited to reasonable medical expenses for the birth mother and minor would be acceptable in the surrogacy context without violating a State child trafficing law.
Oregon Surrogacy Law
Oregon law permits surrogacy agreements.
The courts are generally surrogacy friendly and they will issue declarations of paternity.
Pennsylvania Surrogacy Law
Pennsylvania state law is unclear on surrogacy as a compensated surrogacy agreement would be held unenforceable while, an arrangement established through a legally recognized agency appears to be legal.
Rhode Island Surrogacy Law
There is no provision on surrogacy in Rhode Island state law, but it appears to be permitted as a prohibition on cloning has an explicit exception for the assisted reproductive technologies used in gestational surrogacy.
South Carolina Surrogacy Law
South Carolina state law is unclear on surrogacy, however case law indicates an acceptance of surrogacy contracts, when they involve married, heterosexual couples.
South Dakota Surrogacy Law
There are no provisions in South Dakota law or reported or published cases dealing with the issue of surrogacy
Tennessee Surrogacy Law
Tennessee law permits surrogacy agreements for married couples only and that a surrogacy agreement is in place, there is no need for a formal adoption proceeding.
Texas Surrogacy Law
Texas law permits surrogacy agreements for married couples only and a surrogacy contract has to be validated by the Court.
Utah Surrogacy Law
A judge must approve the contract between a couple -- the intended parents -- and their surrogate before any medical procedures begin. After a birth, the judge must issue a order naming the intended couple as the child's parents.-- A "reasonable" payment for the surrogate's services is allowed. The surrogate must be financially stable and already have at least one child of her own. If she is married, her husband must join the contract.-- Children conceived must have a biological link to at least one intended parent. The use of a surrogate's egg or, if married, her husband's sperm is banned.
Vermont Surrogacy Law
There is no provision on surrogacy in Vermont state law. There is no case law dealing directly with surrogacy, but in a 1999 case that led to the creation of civil unions in Vermont, the state itself argued that restricting marriage to different-sex couples would serve the important goal of minimizing complications in surrogacy agreements, suggesting a basic acceptance of such agreements.
Virginia Surrogacy Law
Virginia statutes impose numerous restrictions on surrogacy contracts, including limiting formation of such agreements to a surrogate and "intended parents" defined as "a man and a woman, married to each other."
Washington Surrogacy Law
Washington permits uncompensated surrogacy arrangements. January 2019 Compensated Surrogacy arrangements will be legal.
West Virginia Surrogacy Law
State law suggests that surrogacy arrangements are enforceable as statutes prohibiting the purchase or sale of a child specifically mention that “fees and expenses included in any agreement in which a woman agrees to become a surrogate mother” are not prohibited.
Wisconsin Surrogacy Law
Wisconsin law does not directly address the legality of surrogacy contracts, but does state that the surrogate mother’s name is to be added to the birth certificate until “a court determines parental rights,” at which time a new birth certificate with names of the intended parents may be issued.
Wyoming Surrogacy Law
There are no provisions in Wyoming law or reported or published cases dealing with the issue of surrogacy.