Surrogacy Laws by State (2026)
Last reviewed: 2026-06-12
This guide summarizes the legal status of surrogacy in all 50 states, the District of Columbia, and Puerto Rico. It covers gestational surrogacy (the surrogate carries an embryo to which she is not genetically related) and traditional surrogacy(the surrogate’s own egg is used), whether arrangements may be compensated or only altruistic (reasonable expenses reimbursed), and whether courts issue pre-birth parentage orders. Surrogacy law is set state by state and changes frequently: some states have comprehensive statutes, others rely on case law or court practice, and a few prohibit or refuse to enforce surrogacy contracts.
Not legal advice
This guide is general information, not legal advice, and has not been reviewed by an attorney. Surrogacy, parentage, and donation laws differ substantially from state to state, change frequently, and can carry criminal as well as civil consequences in some states. Before entering into any arrangement or relying on anything here, consult a lawyer licensed in the relevant state. See our full disclaimer.
Surrogacy law by state
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| State | Compensated gestational | Traditional | Pre-birth orders | Basis |
|---|---|---|---|---|
| Alabama | Permitted, with conditions | Unclear / no statute | Available, with conditions | Mixed |
| Alaska | Permitted | Unclear / no statute | Varies by court | No statute |
| Arizona | Contracts unenforceable | Contracts unenforceable | Available, with conditions | Mixed |
| Arkansas | Permitted, with conditions | Permitted, with conditions | Available, with conditions | Statute |
| California | Permitted | Permitted, with conditions | Available | Statute |
| Colorado | Permitted | Permitted, with conditions | Available | Statute |
| Connecticut | Permitted, with conditions | Permitted, with conditions | Available, with conditions | Statute |
| Delaware | Permitted | Unclear / no statute | Available, with conditions | Statute |
| District of Columbia | Permitted | Permitted | Available | Statute |
| Florida | Permitted, with conditions | Permitted, with conditions | Not available | Statute |
| Georgia | Permitted | Permitted | Available, with conditions | No statute |
| Hawaii | Permitted, with conditions | Permitted, with conditions | Available, with conditions | Statute |
| Idaho | Permitted | Unclear / no statute | Available, with conditions | Statute |
| Illinois | Permitted, with conditions | Unclear / no statute | Available, with conditions | Statute |
| Indiana | Contracts unenforceable | Contracts unenforceable | Varies by court | Statute |
| Iowa | Permitted | Permitted | Available, with conditions | Mixed |
| Kansas | Permitted, with conditions | Contracts unenforceable | Varies by court | AG opinion |
| Kentucky | Permitted | Prohibited | Available, with conditions | Mixed |
| Louisiana | Prohibited | Contracts unenforceable | Available, with conditions | Statute |
| Maine | Permitted, with conditions | Permitted, with conditions | Available, with conditions | Statute |
| Maryland | Permitted | Contracts unenforceable | Available, with conditions | Case law |
| Massachusetts | Permitted, with conditions | Permitted, with conditions | Available, with conditions | Statute |
| Michigan | Permitted, with conditions | Permitted | Available | Statute |
| Minnesota | Permitted, with conditions | Unclear / no statute | Available, with conditions | Statute |
| Mississippi | Unclear / no statute | Unclear / no statute | Varies by court | No statute |
| Missouri | Permitted | Permitted | Not available | Mixed |
| Montana | Permitted | Unclear / no statute | Available, with conditions | No statute |
| Nebraska | Contracts unenforceable | Contracts unenforceable | Not available | Statute |
| Nevada | Permitted | Unclear / no statute | Available | Statute |
| New Hampshire | Permitted, with conditions | Permitted, with conditions | Available, with conditions | Statute |
| New Jersey | Permitted, with conditions | Contracts unenforceable | Available, with conditions | Statute |
| New Mexico | Permitted, with conditions | Restricted | Available, with conditions | Mixed |
| New York | Permitted, with conditions | Prohibited | Available, with conditions | Statute |
| North Carolina | Permitted | Unclear / no statute | Varies by court | No statute |
| North Dakota | Permitted, with conditions | Prohibited | Available, with conditions | Statute |
| Ohio | Permitted | Permitted | Varies by court | Case law |
| Oklahoma | Permitted, with conditions | Unclear / no statute | Available, with conditions | Statute |
| Oregon | Permitted | Unclear / no statute | Available | Mixed |
| Pennsylvania | Permitted | Permitted, with conditions | Varies by court | Case law |
| Puerto Rico | Permitted, with conditions | Permitted, with conditions | Not available | Mixed |
| Rhode Island | Permitted, with conditions | Permitted, with conditions | Available, with conditions | Statute |
| South Carolina | Permitted | Restricted | Available, with conditions | Mixed |
| South Dakota | Permitted | Permitted | Available | No statute |
| Tennessee | Permitted, with conditions | Unclear / no statute | Available, with conditions | Mixed |
| Texas | Permitted, with conditions | Unclear / no statute | Available, with conditions | Statute |
| Utah | Permitted, with conditions | Contracts unenforceable | Available, with conditions | Statute |
| Vermont | Permitted, with conditions | Permitted, with conditions | Available, with conditions | Statute |
| Virginia | Contracts unenforceable | Contracts unenforceable | Not available | Statute |
| Washington | Permitted | Permitted, with conditions | Available, with conditions | Statute |
| West Virginia | Permitted | Permitted | Varies by court | Statute |
| Wisconsin | Permitted | Permitted | Available, with conditions | Case law |
| Wyoming | Permitted, with conditions | Unclear / no statute | Not available | Statute |
State-by-state detail
Alabama
Alabama permits gestational surrogacy by absence of any prohibiting statute, though surrogacy agreements are explicitly excluded from the Alabama Parentage Act. Pre-birth parentage orders are available but interlocutory and county-dependent. The February 2024 Alabama Supreme Court decision treating frozen embryos as children created significant uncertainty for IVF and surrogacy; the Legislature subsequently passed emergency IVF protection legislation (SB 159 (2024), signed Mar. 6, 2024), but the downstream impact on surrogacy contracts remains an area of active legal attention.
Conditions: No surrogacy statute — gestational surrogacy permitted by absence of prohibition. Alabama Parentage Act (adopting UPA 2002) explicitly excludes surrogacy agreements from its scope (§ 26-17-801). Pre-birth orders are available but classified as interlocutory (conditional) until confirmed post-delivery. Eligibility varies by county and judge. Married same-sex and opposite-sex couples can generally obtain pre-birth orders for both parents. Single intended parents and unmarried couples face more variation. Donors of sperm or eggs have no parental rights if donation occurs at a licensed physician's office (§ 26-17-702). Compensated gestational surrogacy is treated the same as altruistic; no authority distinguishes them, the only condition being that payments be structured clear of adoption-payment prohibitions. Note: Alabama's 2024 Supreme Court ruling in LePage v. Center for Reproductive Medicine (embryos as persons) may have implications for IVF and surrogacy practice; the Legislature responded with SB 159 (2024), signed Mar. 6, 2024 (IVF civil/criminal immunity).
Legal basis: Mixed · Ala. Code § 26-17-801 et seq. (Alabama Parentage Act, adopting 2002 UPA; surrogacy agreements explicitly excluded); Ala. Code § 26-17-702 (donor not a parent if donation through licensed physician)
Sources: creativefamilyconnections.com, surrogatefirst.com, americansurrogacy.com, alison.legislature.state.al.us
Alaska
Alaska has no surrogacy statute and no published case law prohibiting surrogacy or compensation. Gestational and traditional surrogacy are practiced under a permissive default. Pre-birth parentage orders have been granted since 2014 but reliably only for married heterosexual couples with a genetic connection; outcomes for other family structures are uncertain and may require post-birth adoption. A hearing is required for pre-birth orders, typically filed in Anchorage's judicial district.
Conditions: No surrogacy statute and no published case law prohibiting surrogacy. Pre-birth orders have been granted since 2014 to married heterosexual couples where both intended parents are genetically related. For same-sex couples, unmarried couples, or arrangements lacking a genetic connection from one or both intended parents, pre-birth order availability is unclear and post-birth adoption may be required. A hearing is required to obtain a pre-birth order in Alaska. Compensated surrogacy is practiced without any statutory restriction on amounts. Traditional surrogacy is technically legal (no prohibition) but rarely practiced.
Legal basis: No statute
Sources: creativefamilyconnections.com, surrogatefirst.com, americansurrogacy.com
Arizona
Arizona Revised Statute § 25-218 prohibits all surrogate parentage contracts and declares them void, making the gestational carrier the legal mother with statutory custody rights. The 1994 decision in Soos v. Superior Court held that intended parents may rebut the gestational-carrier-as-mother presumption in court, opening the door to pre-birth parentage orders even though the underlying contract remains unenforceable. In practice, Arizona courts in many counties do grant pre-birth orders — especially where at least one intended parent has a genetic link — but outcomes are not uniform. Surrogacy is conducted in Arizona under this uneasy framework: no valid contract, but judicial parentage relief is available.
Conditions: ARS § 25-218 voids all surrogate parentage contracts and assigns legal maternity to the gestational carrier. Post-Soos, intended parents may rebut the statutory maternity presumption by petitioning for a pre-birth parentage order; outcomes vary by county and judge. Genetic connection to at least one intended parent strengthens, but does not guarantee, a successful petition. Same-sex non-genetic parents typically require a second-parent adoption.
Legal basis: Mixed · Ariz. Rev. Stat. § 25-218; Soos v. Superior Court, 182 Ariz. 470 (App. 1994)
Sources: azleg.gov, creativefamilyconnections.com, surrogatefirst.com
Arkansas
Arkansas has one of the most favorable surrogacy environments in the South, with § 9-10-201 providing a statutory basis that courts have interpreted broadly to permit both compensated and altruistic gestational and traditional surrogacy. Married couples with at least one genetic connection routinely obtain pre-birth parentage orders. Egg and sperm donors hold no parental rights. Unmarried couples without genetic connection face the most limitations.
Conditions: For married couples: if the biological father (or intended father) is married, the child is presumed to belong to the intended parents, not the gestational carrier. Substituted birth certificates are available by court order (timing unspecified by statute; pre-birth substituted certificates are practitioner practice, not statutory text). The statute is silent on compensation and contract enforceability; compensated agreements are routinely performed and courts apply § 9-10-201's parentage presumptions without distinguishing compensated from altruistic arrangements. Married couples (opposite-sex or same-sex) with at least one genetically related parent can obtain pre-birth orders without a hearing. Unmarried intended parents without a genetic connection may not obtain pre-birth orders and may need second-parent adoption in their home state. Orders can be granted even if neither intended parent resides in Arkansas, provided delivery occurs there.
Legal basis: Statute · Ark. Code Ann. § 9-10-201 (Artificial Insemination / Surrogate Mothers statute)
Sources: law.justia.com, creativefamilyconnections.com, surrogatefirst.com
California
California is broadly considered the most surrogacy-permissive state in the nation. Compensated gestational surrogacy is expressly authorized by statute, pre-birth parentage orders are routinely granted in virtually every county without a hearing, and the law extends to all family structures regardless of marital status, sexual orientation, or genetic connection. Traditional surrogacy is not prohibited but the contract is unenforceable to establish parentage (In re Marriage of Moschetta); parentage is established through the assisted-reproduction parentage statutes plus stepparent adoption.
Conditions: Both parties must have independent licensed California attorneys before signing; agreement must be fully executed and notarized before embryo transfer or injectable medications begin; agreement must be lodged with court for parentage proceedings. No residency requirement for intended parents; pre-birth orders available based on anticipated delivery county even when no party is a California resident. Gestational carrier must be genetically unrelated to the embryo. Traditional surrogacy is not illegal and is practiced, but a traditional-surrogacy contract is unenforceable to establish parentage (In re Marriage of Moschetta, 25 Cal. App. 4th 1218 (1994), holding enforcement incompatible with the parentage and adoption statutes and ruling the surrogate the legal mother); parentage is established via Family Code §§ 7610/7613 plus a stepparent adoption for the non-genetic intended parent, and § 7962's pre-birth framework is gestational-only.
Legal basis: Statute · Cal. Fam. Code §§ 7960–7962 (enacted 2012, last amended Stats. 2019, ch. 115 (AB 1817), eff. Jan. 1, 2020); Johnson v. Calvert, 5 Cal. 4th 84 (1993); In re Marriage of Moschetta, 25 Cal. App. 4th 1218 (1994)
Sources: leginfo.legislature.ca.gov, creativefamilyconnections.com, leginfo.legislature.ca.gov
Colorado
Colorado enacted the Colorado Surrogacy Agreement Act (C.R.S. §§ 19-4.5-101 et seq.) effective May 6, 2021, covering both gestational and traditional (genetic) surrogacy on equal terms. Compensated and altruistic surrogacy are both permitted. Pre-birth parentage orders are routinely granted without a court hearing for all family types. Each party must have independent legal counsel and undergo mental health consultation.
Conditions: Both gestational and genetic (traditional) surrogacy are expressly addressed and treated equivalently. Each surrogate and intended parent must complete a mental health consultation with a licensed mental health professional and have independent legal representation by a Colorado-licensed attorney. Agreement must be in writing with notarial attestation. Agreement must preserve surrogate's right to make all health and welfare decisions regarding herself and the pregnancy. Pre-birth orders available for all family configurations (married, unmarried, same-sex, single); no hearing required in most cases.
Legal basis: Statute · C.R.S. §§ 19-4.5-101 through 19-4.5-114 (Colorado Surrogacy Agreement Act, HB 21-1022, signed May 6, 2021)
Sources: leg.colorado.gov, creativefamilyconnections.com, robinsonandhenry.com
Connecticut
Connecticut enacted a comprehensive Parentage Act (P.A. 21-15) effective January 1, 2022, covering both gestational and genetic (traditional) surrogacy. Pre-birth orders are available for gestational surrogacy with a required court hearing. Genetic/traditional surrogacy is permitted but requires pre-conception court validation of the agreement, with parentage established by post-birth order. No genetic connection between intended parents and child is required.
Conditions: Gestational surrogacy: agreement must be in writing, signed by all parties, witnessed by two people, and notarized; at least one party must be a Connecticut resident; parties may terminate before embryo transfer. Both gestational and genetic (traditional) surrogacy agreements are covered by the CPA. Genetic surrogacy requires court validation of the agreement before assisted reproduction begins; post-birth (not pre-birth) parentage order issued on notice of birth. Gestational surrogacy: pre-birth orders available, all parties must attend an in-person hearing. No genetic connection required for pre-birth order. All intended parent configurations permitted (married, unmarried, same-sex, single).
Legal basis: Statute · Conn. Gen. Stat. §§ 46b-521 to 46b-538 (Connecticut Parentage Act, P.A. 21-15, eff. January 1, 2022; §§ 38–39 eff. July 1, 2022)
Sources: cga.ct.gov, law.justia.com, creativefamilyconnections.com, gladlaw.org
Delaware
Delaware has a comprehensive Gestational Carrier Agreement Act (13 Del. C. §§ 8-801–8-810) enacted in 2013 that explicitly permits both compensated and altruistic gestational surrogacy. Pre-birth orders are routinely available to intended parents regardless of genetic connection, marital status, or sexual orientation. Compensation must be escrowed before medical procedures begin. Traditional surrogacy falls outside the statute's scope and its enforceability is unclear. A 2023-era amendment (SB 132 / SB 250) addressed gamete donor information disclosure but did not materially alter the surrogacy framework.
Conditions: Gestational carrier must be at least 21 years old, have previously given birth to at least one child, complete medical and mental health evaluations, and have independent legal counsel (paid by intended parents if requested). Compensation must be placed in escrow with an independent escrow agent before any medical procedures begin (§ 8-807(b)(5)). Intended parents must complete mental health evaluations and have independent legal representation. If married, both must execute the agreement. Pre-birth orders are available and enforced at birth (enforcement stayed until birth per § 8-611). Traditional surrogacy is not addressed by the statute; its status is legally unclear.
Legal basis: Statute · 13 Del. C. §§ 8-801 to 8-813 (Gestational Carrier Agreement Act, Title 13, Chapter 8, Subchapter VIII)
Sources: delcode.delaware.gov, creativefamilyconnections.com, surrogatefirst.com, legis.delaware.gov
District of Columbia
DC enacted the Collaborative Reproduction Amendment Act (D.C. Law 21-255, D.C. Code §§ 16-401 to 16-412), effective April 7, 2017, reversing a 25-year criminal prohibition on surrogacy contracts. The statute expressly permits compensated gestational and traditional surrogacy. 'Ancillary expenses' explicitly include compensation for risk, inconvenience, lost wages, and forbearance—far broader than Virginia's restrictive definition. Pre-birth parentage orders are available to all intended parents regardless of genetic connection, marital status, or sexual orientation, and no court hearing is required. No amendments to the statute were enacted in 2024–2026 based on available sources.
Conditions: Gestational surrogate must: complete medical and mental health evaluation approved for surrogacy; complete joint mental health consultation with intended parents; have independent legal counsel. Intended parents must: complete joint mental health consultation; both parties must satisfy requirements if married or in domestic partnership. Agreement must be in writing, signed by all parties, and include affirmations of independent legal counsel, acknowledgment of statutory requirements, and surrogate's acknowledgment that she is not the parent and will surrender custody at birth. Compensated surrogacy is expressly permitted—'ancillary expenses' include compensation for risk, inconvenience, forbearance, and lost wages (§ 16-401(1)). Pre-birth and post-birth orders both available; no hearing required for parentage order in DC. All intended parents eligible regardless of marital status, sexual orientation, or genetic connection. A traditional surrogate may withdraw consent within 48 hours after birth (§ 16-411(4)); agreement requirements are codified at §§ 16-405–16-406 (§ 16-404 is the enforceability provision).
Legal basis: Statute · D.C. Code §§ 16-401 to 16-412 (Collaborative Reproduction, enacted as D.C. Law 21-255, Collaborative Reproduction Amendment Act of 2016, effective April 7, 2017)
Sources: code.dccouncil.gov, code.dccouncil.gov, code.dccouncil.gov, code.dccouncil.gov, code.dccouncil.gov, adoptionart.org, creativefamilyconnections.com
Florida
Florida's Fla. Stat. § 742.15 provides a statutory framework for gestational surrogacy contracts, but it is narrowly drawn: only married commissioning couples with a documented medical necessity qualify for the statutory protections, and compensation to the carrier is limited to enumerated reasonable expenses directly related to the pregnancy periods — the statute does not authorize base compensation or lost wages on its face. Post-birth judicial affirmation under § 742.16 is the parentage-establishment mechanism; the statute does not provide for pre-birth orders in the strict sense. Unmarried and single intended parents can access surrogacy through non-statutory judicial orders when there is a genetic connection. Traditional surrogacy is permitted but handled as a preplanned adoption under § 63.213, carrying a 48-hour post-birth rescission right for the genetically related surrogate.
Conditions: Statute applies only to a 'commissioning couple' who are legally married and both at least 18. A licensed physician must certify that the commissioning mother cannot gestate, faces health risk from gestation, or gestation poses fetal risk. Compensation is limited to 'reasonable living, legal, medical, psychological, and psychiatric expenses of the gestational surrogate that are directly related to prenatal, intrapartal, and postpartal periods' — no base/lost-wages compensation is expressly authorized in the statute. If testing reveals neither spouse is genetically related, the surrogate assumes parental responsibility. Florida does not grant pre-birth parentage orders; parentage is established post-birth via an expedited affirmation petition under § 742.16, filed within 3 days after birth, with the court confirming a valid § 742.15 contract and a genetic link to at least one commissioning spouse. Some courts issue interim pre-birth orders limited to medical decision-making and hospital matters, not parentage. Unmarried and single intended parents may pursue surrogacy outside the statute via post-birth court order where at least one parent has a genetic connection. Traditional surrogacy (where the surrogate is the genetic mother) is regulated separately as a 'preplanned adoption agreement' under Fla. Stat. § 63.213: it is permitted, the volunteer mother may receive only statutorily allowed expenses, and because she is genetically related to the child she retains the right to rescind her consent within 48 hours after the birth.
Legal basis: Statute · Fla. Stat. §§ 742.15 (gestational surrogacy contract) and 742.16 (affirmation of parental status); Fla. Stat. § 63.213 (preplanned adoption agreement, governing traditional surrogacy)
Sources: flsenate.gov, creativefamilyconnections.com, americansurrogacy.com, flsenate.gov, flsenate.gov
Georgia
Georgia is a permissive surrogacy state by statutory silence: no law prohibits compensated gestational or traditional surrogacy, and courts routinely grant pre-birth parentage orders in most family structures. Georgia HB 428 (signed May 2025, eff. July 1, 2025) codified the right to access IVF but did not create a formal surrogacy statute. Embryo donation parentage is expressly addressed in OCGA § 19-8-41, which presumes the intended parents are the sole parents when gametes are donated, providing some statutory grounding for egg donation cases.
Conditions: No statute or published case law prohibits surrogacy. Pre-birth orders are regularly granted for married and unmarried couples, same-sex couples, and single parents regardless of genetic connection, though outcomes vary by county and judge. Compensated surrogacy is permitted with no statutory cap. Traditional surrogacy is also practiced, but the genetic-surrogate's parental rights require a separate stepparent or second-parent adoption by the non-biological intended parent after birth.
Legal basis: No statute · No surrogacy statute. Ga. Code Ann. § 19-8-41 (embryo/gamete donation parentage, by extension). Ga. HB 428, signed May 2, 2025 (codifies IVF access, eff. July 1, 2025).
Sources: creativefamilyconnections.com, americansurrogacy.com, law.justia.com, prnewswire.com
Hawaii
Hawaii operated without a surrogacy statute for decades, permitting gestational surrogacy by absence of prohibition but limiting parentage to post-birth orders. Effective January 1, 2026, Act 298 (S.B. 1231) repealed and replaced HRS ch. 584 with a new Uniform Parentage Act chapter that, for the first time, provides a statutory framework for surrogacy agreements and expressly authorizes pre-birth parentage orders placing intended parents on the birth certificate. Compensation to surrogates is expressly authorized. Genetic (traditional) surrogacy is expressly covered, requiring family-court validation before assisted reproduction and giving the genetic surrogate a 72-hour post-birth consent-withdrawal window. The law uses gender-neutral definitions expanding access for LGBTQ+ families.
Conditions: Act 298 (eff. Jan. 1, 2026) enacts a new HRS Uniform Parentage Act chapter and repeals the prior HRS ch. 584. Gestational surrogacy: surrogate must be 21+, have previously given birth, complete medical and mental health evaluations, and have independent legal counsel paid by the intended parents (§§ -902, -903(a)(8)); statutory nexus required (§ -903(a)(1)); the agreement must be signed, notarized or witnessed, and executed before any related medical procedure, including medication. Compensation is confirmed: § -904(b)(1) authorizes 'payment of consideration, and payment or reimbursement of reasonable expenses, to the surrogate.' Pre-birth parentage orders are available: § -910(b) authorizes a pre-birth order with enforcement stayed until birth, and the Department of Health is directed regarding the birth record. Genetic (traditional) surrogacy is expressly authorized with additional safeguards: family-court validation of the agreement before assisted reproduction (§ -912(a)); the genetic surrogate may withdraw consent until 72 hours after birth (§ -913(a)(2)); non-validated genetic agreements have limited enforceability (§ -915).
Legal basis: Statute · 2025 Haw. Sess. Laws Act 298 (S.B. 1231), §§ 2, 26, 29 (approved July 7, 2025, eff. Jan. 1, 2026) — enacts a new HRS Uniform Parentage Act chapter (surrogacy: Part IX, §§ -901 to -917) and repeals HRS ch. 584
Sources: data.capitol.hawaii.gov, humanservices.hawaii.gov, divorce.law, creativefamilyconnections.com
Idaho
Idaho enacted the Gestational Agreements Act (Idaho Code §§ 7-1601 to 7-1612) effective July 1, 2023, making it a statutory surrogacy state. Compensated gestational surrogacy is permitted and courts can validate agreements pre-birth. Pre-birth parentage orders are available for gestational arrangements, including same-sex couples and single parents. Traditional surrogacy is not addressed by the statute and falls into an unclear legal status.
Conditions: One party to the gestational agreement must reside in Idaho for at least 6 months prior to signing, or sufficient Idaho contacts must exist. Both intended parents and surrogate must be at least 21. Compensation is permitted. Pre-birth parentage orders available when at least one intended parent is genetically related; if neither is genetically related, both intended parents can still be declared legal parents via a post-birth order. Traditional surrogacy is not addressed by the statute.
Legal basis: Statute · Idaho Code §§ 7-1601 through 7-1612 (Gestational Agreements Act, 2023 Idaho Sess. Laws ch. 228 / HB 264, eff. July 1, 2023)
Sources: legislature.idaho.gov, legislature.idaho.gov, legislature.idaho.gov, creativefamilyconnections.com, abovethelaw.com
Illinois
Illinois has the most comprehensive gestational surrogacy statute in the Midwest (750 ILCS 47), expressly permitting compensated gestational surrogacy with detailed eligibility conditions for surrogates and intended parents. Following HB2683 (the Equality for Every Family Act, signed Dec. 12, 2025), no genetic connection between an intended parent and the child is required; the amendment removed the genetic-link requirement, replaced the physician-affidavit medical-need test with an insurance-code infertility representation, and codified express donor non-parentage. Traditional surrogacy is not addressed by the Gestational Surrogacy Act and is handled via stepparent adoption; it is not prohibited but is legally uncertain under this statute.
Conditions: Surrogate must: (1) be at least 21 years old; (2) have previously given birth to at least one child; (3) complete a medical evaluation; (4) complete a mental health evaluation; (5) obtain independent legal counsel; (6) hold a health insurance policy covering major medical/hospitalization that extends through the pregnancy and 8 weeks post-birth. No genetic connection between an intended parent and the child is required, following HB2683 (the Equality for Every Family Act, eff. Dec. 2025), which removed the genetic-link requirement from the Gestational Surrogacy Act definitions and the 750 ILCS 46/709 certifications, replaced the physician-affidavit medical-need test with an insurance-code infertility representation, and redefined "donor" (a person who provides gametes) with express non-parentage; Illinois-licensed counsel and independent escrow are required. Compensation is permitted.
Legal basis: Statute · 750 ILCS 47/1–47/75 (Gestational Surrogacy Act), as amended by HB2683 (104th GA), Equality for Every Family Act (signed Dec. 12, 2025); Illinois Parentage Act of 2015, 750 ILCS 46/Art. 7 (parentage without genetic connection)
Sources: ilga.gov, creativefamilyconnections.com, law.justia.com, ilga.gov
Indiana
Indiana Code § 31-20-1-1 declares all surrogacy agreements void and unenforceable as against public policy. Surrogacy itself is not criminalized, and intended parents do pursue surrogacies in Indiana, but they do so without enforceable contracts. A minority of Indiana courts have granted pre-birth parentage orders—typically only where at least one intended parent is genetically related—while others require post-birth adoption proceedings. Reform legislation introduced in 2023 failed to advance. As of June 2026, IC 31-20-1-1 remains unchanged.
Conditions: All surrogacy contracts are statutorily void under IC 31-20-1-1; surrogacy is not criminalized but agreements cannot be enforced. Some Indiana courts grant pre-birth parentage orders, particularly where at least one intended parent is genetically related to the child; outcomes vary significantly by county and judge. Same-sex couples generally cannot both be named on a pre-birth order: under Infant T., the birth mother is the presumed legal mother and a non-genetic intended parent cannot be substituted pre-birth, so courts that grant pre-birth orders typically name only the genetic intended parent, with the non-genetic parent securing rights via second-parent/stepparent adoption. No reform legislation has been enacted as of June 2026 (a 2023 Gestational Surrogacy Act bill died in committee).
Legal basis: Statute · Ind. Code § 31-20-1-1 (all surrogacy agreements void and unenforceable as against public policy, effective from agreements formed after March 14, 1988); In re Paternity & Maternity of Infant T., 991 N.E.2d 596 (Ind. Ct. App. 2013) (No. 67A05-1301-JP-36, decided July 11, 2013) (limits pre-birth orders for non-genetic intended parents)
Sources: iga.in.gov, creativefamilyconnections.com, americansurrogacy.com, caseclips.courts.in.gov
Iowa
Iowa permits gestational and traditional surrogacy based on Iowa Code § 710.11 (criminal exemption) and the 2018 Iowa Supreme Court decision in P.M. v. T.B. Compensated surrogacy is practiced without prohibition. Pre-birth orders are available but partial: only the genetically related intended parent (typically the biological father) can obtain one; the non-genetic intended parent must establish parentage post-birth or through stepparent adoption. Iowa Administrative Code § 641-99.15 governs birth certificate issuance for gestational carrier births.
Conditions: Iowa Code § 710.11 exempts surrogacy arrangements from Iowa's prohibition on purchasing individuals, implicitly permitting both compensated and altruistic surrogacy. The Iowa Supreme Court in P.M. v. T.B. (2018) held gestational surrogacy contracts enforceable as not against public policy. However, the birth mother is presumed the legal mother: only the biological (genetic) intended father in a heterosexual arrangement can obtain a pre-birth order; the non-biological intended mother must pursue a post-birth parentage order or stepparent adoption. Traditional surrogacy is decriminalized under § 710.11 but parentage must be resolved through paternity/termination actions.
Legal basis: Mixed · Iowa Code § 710.11 (criminal exemption for surrogate arrangements); Iowa Admin. Code § 641-99.15 (birth certificate procedures for gestational carriers); P.M. & C.M. v. T.B. & D.B., No. 17-0376 (Iowa Sup. Ct. Feb. 16, 2018)
Sources: creativefamilyconnections.com, iowacourts.gov
Kansas
Kansas has no surrogacy statute and two non-binding Attorney General opinions suggesting surrogate contracts are unenforceable as against public policy. Despite this, gestational surrogacy is practiced and some courts issue pre-birth orders to genetically related intended parents. The legal landscape is uncertain — attorneys recommend court-validated agreements and caution for non-genetic intended parents. Traditional surrogacy carries the greatest legal risk given the AG opinions.
Conditions: No surrogacy statute or published case law prohibits gestational surrogacy, and Kansas courts grant pre-birth orders, including to same-sex married couples. Disclosed background risk: two non-binding Attorney General opinions — Op. 82-150 (1982), concluding a contract determining child custody is void as against public policy, and Op. 96-73 (1996), concluding a surrogate fee is not a permissible fee under the adoption-payments statute (K.S.A. 59-2121) — counsel against compensated traditional-surrogacy structures; neither has been applied by a court to a gestational surrogacy agreement. Pre-birth orders vary by court and by intended-parent profile; non-genetic intended parents in unmarried couples typically require adoption. Under the Kansas Parentage Act, egg and sperm donors generally do not have parental rights when donation occurs through a licensed physician.
Legal basis: AG opinion · Kan. Att'y Gen. Op. No. 82-150 (July 2, 1982) (contract determining custody of a child void as against public policy); Kan. Att'y Gen. Op. No. 96-73 (Sept. 11, 1996) (surrogate fee not a permissible 'professional service' fee under K.S.A. 59-2121); Kan. Stat. Ann. § 23-2201 et seq. (Kansas Parentage Act) — no surrogacy-specific provision
Sources: ksag.washburnlaw.edu, ksag.washburnlaw.edu, americansurrogacy.com, surrogatefirst.com, familyinceptions.com
Kentucky
Kentucky expressly prohibits compensated traditional surrogacy under KRS § 199.590 but has no statute or case law restricting gestational surrogacy, which is practiced with compensated arrangements common. Pre-birth parentage orders are granted by Kentucky courts for gestational arrangements, with availability depending on marital status and family structure. A 2026 bill (HB 697) that would have banned commercial surrogacy broadly died in committee without a vote, leaving the existing permissive gestational surrogacy regime unchanged as of June 2026.
Conditions: Gestational surrogacy is permitted because no Kentucky statute or published case prohibits it. KRS § 199.590 specifically prohibits contracts that compensate a woman for artificial insemination and subsequent termination of parental rights (traditional compensated surrogacy). Pre-birth orders are available on a case-by-case basis: married couples (heterosexual or same-sex) generally obtain them; unmarried couples and single parents depend on court discretion. Venue is determined by delivery hospital location. Note: Kentucky HB 697 (2026 session), which would have banned commercial surrogacy broadly, was referred to House Judiciary on March 2, 2026, and died in committee when the session adjourned sine die on April 15, 2026—leaving the existing framework intact.
Legal basis: Mixed · Ky. Rev. Stat. § 199.590 (prohibits compensation for artificial insemination and relinquishment of parental rights — traditional surrogacy); no statute or case law prohibiting gestational surrogacy
Sources: creativefamilyconnections.com, americansurrogacy.com, legiscan.com, apps.legislature.ky.gov
Louisiana
Louisiana is the most restrictive state for surrogacy in this group. The 2016 Gestational Carrier Act permits only altruistic gestational surrogacy for married heterosexual Louisiana residents using exclusively their own genetic material. Any use of donor eggs, sperm, or embryos renders the contract unlawful and subjects participants to criminal penalties. Same-sex couples, unmarried couples, single parents, and anyone requiring donor gametes cannot legally complete a surrogacy in Louisiana. No 2024–2026 legislative liberalization has been enacted.
Conditions: Intended parents must be: (1) married heterosexual couple; (2) Louisiana residents for ≥180 days before contract; (3) both genetically related to the child — no donor eggs, donor sperm, or donor embryos permitted; (4) medical necessity demonstrated (intended mother cannot carry pregnancy). Surrogate must be age 25–35, previously given birth, and undergo mandatory counseling. Compensation is entirely prohibited — altruistic only. Violations (including use of donor gametes) subject parties to civil and criminal penalties including fines and imprisonment. Pre-birth orders available only to qualifying married heterosexual couples using own gametes.
Legal basis: Statute · La. Rev. Stat. §§ 9:2713–9:2720 (Gestational Carrier Act, enacted HB 1102, Act 494, eff. Aug. 1, 2016); La. Rev. Stat. § 9:2713 (traditional surrogate compensation void as against public policy)
Sources: law.justia.com, creativefamilyconnections.com, surrogatefirst.com, stanley-wallacelaw.com
Maine
Maine enacted a comprehensive Parentage Act effective July 1, 2016 (Title 19-A, Chapter 61), expressly authorizing compensated gestational surrogacy. Pre-birth orders are routinely available for all family configurations with at least one Maine-resident party. Traditional surrogacy between family members is recognized; an unrelated traditional surrogate requires post-birth adoption proceedings. Intended parents need not be genetically related to the child.
Conditions: Agreement must be in writing and signed by all parties (and surrogate's spouse, if married), notarized, and executed before embryo transfer and any related medical procedures. At least one party must be a Maine legal resident. Agreement is limited to a one-year term to achieve pregnancy. All parties must have independent legal counsel (written declarations of representation required from each attorney). Parties must complete medical evaluations. Compensation (reasonable expenses negotiated in good faith) is permitted. Gestational carrier has no parental rights upon birth; intended parents assume parentage immediately. Pre-birth orders routinely granted in virtually all Maine counties regardless of marital status, sexual orientation, or genetic connection. Traditional (genetic) surrogacy: permitted only between family members; if the surrogate is unrelated, a formal adoption is required post-birth.
Legal basis: Statute · Me. Rev. Stat. Ann. tit. 19-A, ch. 61, §§ 1921–1938 (Maine Parentage Act, eff. July 1, 2016), esp. § 1932 (gestational carrier agreement authorized); § 1931(1)(E) (genetic carrier permitted only for family members)
Sources: mainelegislature.org, creativefamilyconnections.com, surrogatesteps.com, mainelegislature.org
Maryland
Maryland permits gestational surrogacy—including compensated arrangements—based on the Court of Appeals' implicit approval in In re Roberto d.B. (2007). Pre-birth parentage orders are routinely granted to intended parents regardless of genetic connection or marital status, though availability varies somewhat by county. Traditional surrogacy contracts where compensation is paid are unenforceable under the Maryland AG's interpretation that such payments violate adoption law. No surrogacy statute exists; no legislation was enacted in the 2024–2026 period based on available sources.
Conditions: Gestational surrogacy is permitted by case law (In re Roberto d.B.) with pre-birth orders routinely available regardless of marital status, sexual orientation, or genetic connection. Compensation to gestational carriers is permitted and practiced. Traditional surrogacy is legally problematic: Maryland's Attorney General has concluded that compensated traditional surrogacy violates Md. Code, Fam. Law adoption payment provisions (which prohibit paying a birth mother beyond medical, legal, and counseling expenses), making compensated traditional surrogacy contracts unenforceable; altruistic traditional surrogacy is in a legal grey zone. No surrogacy statute exists; the legislature has not enacted one as of June 2026 despite periodic discussion.
Legal basis: Case law · In re Roberto d.B., 923 A.2d 115 (Md. 2007); Md. Code, Est. & Trusts § 1-208 (gamete donor not parent); Md. Code, Fam. Law § 5-1001 (gamete donor parental exclusion); 85 Op. Att'y Gen. 348 (Dec. 19, 2000) (fee-paid surrogacy involving the birth mother's own child illegal and unenforceable under Fam. Law § 5-327 and the child-selling statute (as recodified), but fee payment does not itself bar adoption)
Sources: creativefamilyconnections.com, surrogatefirst.com, conceiveabilities.com, adoptionart.org, oag.maryland.gov
Massachusetts
Massachusetts enacted its first comprehensive Parentage Act (Ch. 166 of 2024), signed August 9, 2024 and effective January 1, 2025. The law expressly authorizes compensated gestational surrogacy, establishes pre-birth orders for gestational arrangements, and creates a regulated pathway for genetic (traditional) surrogacy with pre-conception court validation and a post-birth parentage order. The Act applies to all family structures regardless of marital status or sexual orientation.
Conditions: Gestational surrogacy: surrogate must be at least 21, have previously given birth, complete medical and mental health evaluations, and have independent legal representation; compensated arrangements permitted. Agreement must be in writing and executed before any assisted reproduction begins; intended parent(s) vested as legal parents by operation of law upon birth. Pre-birth orders available for gestational surrogacy regardless of marital status, sexual orientation, or genetic connection. Genetic (traditional) surrogacy: requires court validation of the agreement before assisted reproduction begins (G.L. c. 209C § 28K); post-birth parentage order issues upon notice of birth without further hearing (§ 28M) — effective Jan. 1, 2025. Venue in surrogate's county, intended parents' county, or anticipated delivery hospital county.
Legal basis: Statute · Mass. Acts 2024, Ch. 166 (Massachusetts Parentage Act, signed Aug. 9, 2024, eff. Jan. 1, 2025), codified at G.L. c. 209C §§ 28–28P (gestational provisions at §§ 28F–28J; genetic-surrogacy pre-conception validation at § 28K; post-birth order at § 28M)
Sources: malegislature.gov, creativefamilyconnections.com, heralawgroup.com, mass.gov
Michigan
Michigan's Assisted Reproduction and Surrogacy Parentage Act (Act 24 of 2024, effective April 2, 2025) replaced the state's 1988 criminal ban on surrogacy, which had made compensated surrogacy a felony. Both gestational and traditional (genetic) surrogacy are now permitted for all family structures regardless of marital status, sexual orientation, or genetic connection. Intended parents may obtain a pre-birth parentage judgment under MCL 722.1908 that takes effect at birth, eliminating the need for post-birth adoption. Michigan moved from the most restrictive surrogacy regime in the US to a fully statutory framework in a single legislative step.
Conditions: Surrogate: age 21+, prior live birth, medical evaluation by licensed physician, mental health consultation, independent Michigan-licensed legal counsel (paid by intended parents). Intended parents: age 21+, mental health consultation, independent legal counsel. No genetic connection required. Agreement must have Michigan nexus (party is MI resident, birth or procedure occurs in MI). Compensation expressly permitted.
Legal basis: Statute · MCL 722.1701–722.1909 (Assisted Reproduction and Surrogacy Parentage Act, 2024 PA 24 / HB 5207, eff. Apr. 2, 2025); repeals the Surrogate Parenting Act, 1988 PA 199, MCL 722.851–722.863 (prior criminal ban)
Sources: legislature.mi.gov, legislature.mi.gov, brmmlaw.com, bbalawmi.com, varnumlaw.com, creativefamilyconnections.com
Minnesota
Minnesota enacted chapter 257E (Assisted Reproduction) in 2024 (HF 3567, 93rd Legislature), adopting portions of the Uniform Parentage Act covering assisted reproduction, gestational surrogacy agreements, and donor information. Gestational surrogacy has a statutory basis: parties at least 21 with independent counsel, a Minnesota residency-or-procedure nexus, notarization, and required terms; compensation to the surrogate is permitted in addition to reasonable expenses; and a statutory parentage-order proceeding (with court jurisdiction running from the signing of the agreement) makes a pre-birth parentage order available. Donor non-parentage is codified at § 257E.21. Traditional surrogacy is excluded from the assisted-reproduction sections and remains unclear. Codified section numbers and the exact effective date are drawn from the official House Research summary and should be confirmed against the codified text at publication.
Conditions: Minnesota Statutes chapter 257E (Assisted Reproduction), enacted in 2024 (HF 3567, 93rd Legislature), governs gestational surrogacy agreements. Parties must each be at least 21 and have independent legal representation; at least one party must be a Minnesota resident or the procedure must occur in Minnesota; the surrogate, the surrogate's spouse (if any), and the intended parents must all be parties; and the agreement must be notarized and must address parentage, responsibilities, expenses, and the surrogate's right to make all health-related decisions during pregnancy. Compensation is permitted: the intended parents may pay the surrogate and cover or reimburse reasonable expenses (it is not an expenses-only/altruistic-only regime). Parentage is established through a statutory court proceeding (order of parentage) in which a party may obtain an order declaring the intended parents the legal parents, declaring the surrogate and the surrogate's spouse not parents, and directing the contents of the birth record; Minnesota courts have exclusive, continuing jurisdiction from the time the agreement is signed until 90 days after the birth, so the parentage order is available before the birth. Traditional (genetic) surrogacy is not addressed by the chapter's assisted-reproduction sections (which exclude children conceived through sexual intercourse or gestational surrogacy) and its status remains unclear. The agreement, compensation, and court-order provisions above are confirmed from the official Minnesota House Research bill summary of the enacted Act; the precise codified section numbers and the statutory effective date should be confirmed against the codified chapter 257E text at publication (the revisor's office blocks automated access). History: a later bill (HF 2219, 94th Leg., 2025–2026) that would have banned for-profit surrogacy agencies was not enacted.
Legal basis: Statute · Minn. Stat. ch. 257E (Assisted Reproduction; gestational surrogacy agreements; enacted 2024, HF 3567, 93rd Leg.); § 257E.21 (donor non-parentage); §§ 257E.40–.41 (gestational surrogacy parentage orders); Minn. Stat. § 257.62, subd. 5(c) (donor non-parentage, artificial insemination context)
Sources: creativefamilyconnections.com, revisor.mn.gov, americansurrogacy.com, revisor.mn.gov, revisor.mn.gov, house.mn.gov
Mississippi
Mississippi has no surrogacy statute, and no published case law establishes contract enforceability. Gestational surrogacy is practiced under a vacuum of regulation — neither explicitly permitted nor prohibited. Pre-birth orders are granted by some courts for parties with genetic connections; outcomes are unpredictable. A 2025 legislative effort to create a statutory framework (SB 2732) died in committee in February 2025, as did a 2026 successor bill (SB 2447), leaving Mississippi without any surrogacy statute as of June 2026.
Conditions: No statute or published case law either permits or prohibits surrogacy. Courts grant pre-birth orders on a case-by-case basis, with outcomes varying by judge and county. Married and unmarried heterosexual couples with at least one genetic connection generally can obtain pre-birth orders. Same-sex couples and non-genetic intended parents face more uncertainty. SB 2732 (2025 — Mississippi Gestational Carrier, Surrogacy and In Vitro Child and Parent Act) died in the Senate Public Health and Welfare Committee on February 4, 2025; a 2026 successor (SB 2447, Mississippi Family Building Act) died in Senate Judiciary, Division A on February 3, 2026. No statutory framework has been enacted as of June 2026.
Legal basis: No statute
Sources: creativefamilyconnections.com, surrogatefirst.com, billstatus.ls.state.ms.us, billstatus.ls.state.ms.us
Missouri
Missouri has no surrogacy statute and relies on the old Uniform Parentage Act's artificial insemination provisions for parentage framework. Compensated gestational surrogacy is practiced without statutory prohibition. Missouri does not issue pre-birth orders; parentage is established post-birth, though attorneys can obtain a preliminary hearing before delivery to allow the order to be signed quickly after birth. Outcomes vary by county and judge, particularly for same-sex or unmarried couples.
Conditions: No Missouri statute governs surrogacy. Compensated surrogacy is practiced and contracts are generally enforceable. Missouri courts do not issue pre-birth orders: petitions may be filed before birth under the old UPA, but any order is signed only after birth. Attorneys may request a preliminary hearing pre-birth to expedite the post-birth order. Parentage outcomes vary by county and family structure; married couples with at least one genetic parent fare best. Traditional surrogacy is permitted but the non-biological parent faces adoption-related requirements (six-month waiting period, background checks).
Legal basis: Mixed · Mo. Ann. Stat. § 210.824 (donor non-parentage, artificial insemination); White v. White, 293 S.W.3d 1 (Mo. Ct. App. 2009) (egg donation); old UPA artificial insemination provisions
Sources: creativefamilyconnections.com, surrogatefirst.com, americansurrogacy.com
Montana
Montana has no surrogacy statute and no published case law prohibiting surrogacy. Gestational and traditional surrogacy are practiced under a permissive default. Compensated surrogacy is legal. Pre-birth parentage orders are available and routinely granted in some counties (including for same-sex, single, and unmarried intended parents) when at least one intended parent has a genetic connection; outcomes are less predictable when neither parent is genetically related.
Conditions: No statutory framework. Gestational surrogacy contracts are enforceable under general contract principles. Pre-birth orders routinely granted by some counties without hearing, but availability varies by judge. When neither intended parent is genetically related, legal basis to establish parentage is weak. Traditional surrogacy may require post-birth hearing or adoption. Compensated surrogacy is practiced without statutory prohibition.
Legal basis: No statute · No surrogacy statute. Montana Code Ann. § 40-6-106 addresses medically assisted insemination paternity within marriage (tangentially relevant).
Sources: creativefamilyconnections.com, americansurrogacy.com, avefertility.com
Nebraska
Nebraska's § 25-21,200 renders all compensated surrogacy contracts void and unenforceable, making it one of the most hostile states for surrogacy in the country. Surrogacy is practiced despite this — courts will not enforce the contract, but the underlying parentage can be established through the 2020 Acknowledgment of Maternity statute (for genetic mothers) or post-birth adoption (for non-genetic parents). No pre-birth orders are available. No reform of § 25-21,200 has been enacted through the 2026 session (adjourned April 2026); the Acknowledgment of Maternity statute was amended in 2025 (LB 376) without changing the pathway.
Conditions: § 25-21,200 voids and renders unenforceable any 'surrogate parenthood contract,' statutorily defined as a contract by which a woman is to be compensated for bearing a child of a man who is not her husband — the definition reaches both gestational and traditional arrangements but is limited to compensated ones. Uncompensated (altruistic) agreements fall outside the statutory definition and are legally untested; they remain practically unenforceable because no Nebraska statute authorizes surrogacy or pre-birth parentage orders. Pre-birth orders are not available. Post-birth: genetic fathers can establish paternity; genetic mothers who did not give birth can execute an Acknowledgment of Maternity (§ 71-604.02, enacted 2020). Non-genetic intended parents must complete full adoption after birth. Surrogacy itself is not criminalized — only the contract is void and unenforceable.
Legal basis: Statute · Neb. Rev. Stat. § 25-21,200 (enacted Laws 1988, LB 674, § 1); Neb. Rev. Stat. § 71-604.02 (Acknowledgment of Maternity, enacted Laws 2020, LB 966, § 18; amended Laws 2025, LB 376, § 21)
Sources: nebraskalegislature.gov, nebraskalegislature.gov, nebraskalegislature.gov, americansurrogacy.com, creativefamilyconnections.com
Nevada
Nevada's NRS 126.500–126.810 creates a comprehensive statutory framework for gestational surrogacy, expressly permitting compensated arrangements and providing pre-birth parentage orders for all family configurations. Traditional surrogacy is excluded from the statute by its definition of 'gestational carrier' and is considered legally risky, though not expressly prohibited by any statute or published case. NRS 126.660 severs donor parental rights in assisted reproduction.
Conditions: Gestational carrier is defined as a woman who does not contribute her own eggs — traditional surrogacy therefore falls outside the statute. Gestational carrier agreements must specify that the intended parent(s) will pay reasonable compensation and related expenses. Pre-birth orders available for all family types (married, unmarried, same-sex, single) regardless of genetic connection; hearing is not usually required but varies by judge. Multiple bases for Nevada court jurisdiction (birth location, residence, agreement execution, medical procedure location). Traditional surrogacy: not addressed by statute, considered legally risky; no case law prohibiting it either.
Legal basis: Statute · NRS 126.500–126.810 (Nevada Gestational Carrier Act, as currently codified); NRS 126.660 (donor rights)
Sources: leg.state.nv.us, creativefamilyconnections.com, surrogatesteps.com
New Hampshire
New Hampshire has a dedicated surrogacy statute (RSA 168-B, 2014) permitting compensated gestational surrogacy for all family structures. The expedited pre-birth order process — without a hearing, within 30 days — is one of the most streamlined in the country. Traditional surrogacy is not covered by the statute and pre-birth orders are unavailable for those arrangements, but traditional surrogacy is not expressly prohibited.
Conditions: Gestational carrier must: be at least 21; have previously given birth to at least one child; complete a medical evaluation including mental health consultation; have independent legal counsel. Intended parents must: complete a mental health consultation; have independent legal counsel; execute a written gestational carrier agreement before any embryo transfer. Compensation is permitted — statute defines compensation as 'payment of any reasonable, valuable consideration.' Pre-birth orders available via expedited process: under RSA 168-B:12 the court shall, within 30 days, grant the petition upon finding substantial compliance, with affidavits sufficient and a hearing not required unless the court needs additional information that cannot reasonably be ascertained without one. No marital status, sexual orientation, or genetic connection requirements for intended parents. Traditional (genetic) surrogacy is not governed by RSA 168-B (which applies only where the carrier has no genetic contribution); traditional arrangements are not prohibited by statute but do not qualify for the RSA 168-B expedited pre-birth order process.
Legal basis: Statute · N.H. Rev. Stat. Ann. ch. 168-B (enacted 2014 by S.B. 353); parentage orders: RSA 168-B:12
Sources: gc.nh.gov, law.justia.com, creativefamilyconnections.com
New Jersey
New Jersey enacted the Gestational Carrier Agreement Act in 2018, making enforceable gestational surrogacy agreements — including compensated arrangements — with mandatory independent legal representation for all parties. Traditional surrogacy contracts remain unenforceable under Baby M, though uncompensated arrangements with post-birth adoption proceedings are not expressly prohibited. Pre-birth orders are available for qualifying gestational arrangements.
Conditions: Gestational surrogacy only — the Act expressly excludes agreements where the gestational carrier has a genetic connection to the child. Traditional surrogacy is not covered by the Act; under prior case law (In re Baby M, 109 N.J. 396 (1988)) traditional compensated surrogacy contracts remain unenforceable, though uncompensated traditional arrangements may be recognized as adoption proceedings. Under the Act: gestational carrier and her spouse/partner, and each intended parent, must be separately represented by independent attorneys (with written affidavit of representation); medical and mental health evaluations required; agreement must be executed before assisted reproduction begins. Intended parents may be married, unmarried, same-sex, single, with or without genetic connection. Pre-birth orders available when statutory requirements are met.
Legal basis: Statute · N.J. Stat. Ann. § 9:17-60 et seq. (P.L.2018, c.18) (Gestational Carrier Agreement Act, signed May 30, 2018, eff. immediately)
Sources: law.justia.com, creativefamilyconnections.com, worldwidesurrogacy.org
New Mexico
New Mexico's Uniform Parentage Act addresses gestational agreements at § 40-11A-801, which neither authorizes nor prohibits them; New Mexico takes a neutral-permissive stance under court practice rather than a detailed statutory framework. Courts regularly enforce gestational surrogacy agreements and grant pre-birth orders when the customary formalities (pre-transfer execution, a New Mexico nexus, and independent counsel) are met. A 2023 bill (HB 305) that would have enacted a detailed gestational-agreement framework died in House Appropriations and never became law. Compensation for gestational carriers is unregulated by statute. Traditional surrogacy is legally riskier, with parentage typically established through adoption rather than a pre-birth order.
Conditions: Gestational surrogacy agreements are neither expressly authorized nor prohibited under § 40-11A-801; New Mexico courts treat them as permissible and regularly grant pre-birth orders when the agreement was executed before embryo transfer. As a matter of court practice (not statutory mandate), agreements are typically executed before any medical procedure, with at least one party resident in New Mexico or a procedure performed in New Mexico, and with independent legal counsel for the surrogate and each intended parent. Compensation for gestational surrogates is not regulated by statute — amounts are set by contract. Traditional surrogacy is more constrained: compensation tends to be limited to adoption-statute levels and parental rights are established through adoption proceedings rather than a pre-birth order. Single intended parents face judicial uncertainty in some courts.
Legal basis: Mixed · N.M. Stat. Ann. § 40-11A-801 (gestational agreements neither authorized nor prohibited); § 40-11A-702 (donor non-parentage)
Sources: creativefamilyconnections.com, trachmanlawcenter.com, americansurrogacy.com, nmonesource.com
New York
New York legalized compensated gestational surrogacy effective February 15, 2021 under the Child-Parent Security Act (CPSA). The law is comprehensive but sets significant conditions, including mandatory insurance packages, independent NY-licensed counsel for surrogates, and a strict prohibition on traditional (genetic) surrogacy. Pre-birth orders are available. A 2024 technical amendment (Chapter 671 of 2024) clarified insurance coverage and post-birth certificate amendment procedures.
Conditions: Gestational surrogacy only — traditional (genetic) surrogacy agreements are expressly contrary to public policy and void. At least one intended parent OR the gestational carrier must have been a New York resident for at least 6 consecutive months at the time the agreement is signed. Surrogate must: be at least 21; have previously given birth; have independent legal representation by a NY-licensed attorney (fees paid by intended parents); complete medical and mental health evaluations. Intended parents must provide comprehensive health insurance (preconception through 12 months post-birth), life insurance ($750,000 maximum qualified or actual maximum), and pay all out-of-pocket medical expenses. Pre-birth orders available; no hearing generally required. Surrogate retains full autonomy over all health and pregnancy decisions (Surrogate's Bill of Rights).
Legal basis: Statute · N.Y. Fam. Ct. Act §§ 581-101 to 581-502 (Child-Parent Security Act, eff. Feb. 15, 2021); amended by Ch. 671, Laws of 2024
Sources: health.ny.gov, legiscan.com, creativefamilyconnections.com, resolve.org
North Carolina
North Carolina has no surrogacy statute and no published case law prohibiting surrogacy, making it permissive in principle. Gestational surrogacy is regularly practiced, with compensated arrangements permitted. Pre-birth orders are available in most counties but results vary significantly — particularly for donor-conceived children and same-sex couples where some courts require post-birth orders instead. Traditional surrogacy carries substantial legal uncertainty: it may be treated as an adoption, requiring the intended non-biological parent to adopt post-birth, and there is no settled case law resolving the question.
Conditions: No statute or published case law prohibits gestational surrogacy. Pre-birth orders are granted in many counties but vary: married couples with own genetics are most reliably granted; married couples using donors and same-sex couples may receive pre-birth or post-birth orders depending on the county. Compensated gestational surrogacy is practiced with no statutory cap. Traditional surrogacy legality is unclear — courts may characterize the arrangement as an adoption requiring termination of the genetic surrogate's parental rights; most practitioners advise against it. Separate legal representation for both parties is standard.
Legal basis: No statute
Sources: creativefamilyconnections.com, americansurrogacy.com, surrogatefirst.com
North Dakota
North Dakota has an explicit statutory split: gestational surrogacy is recognized and governed by N.D. Cent. Code §§ 14-18, while traditional surrogacy contracts are expressly void under § 14-18-05. Pre-birth orders are routinely granted when at least one intended parent is genetically related to the child, making North Dakota one of the more legally certain states in this region for gestational surrogacy. Compensated gestational surrogacy is permitted; the statute does not cap carrier compensation.
Conditions: Gestational surrogacy is expressly recognized: a child born to a gestational carrier is the child of the intended parents for all purposes. Pre-birth orders are available when at least one intended parent has a genetic connection to the child; no clear statutory standard for non-genetic intended parents (post-birth adoption likely required). Traditional surrogacy contracts are expressly declared void and unenforceable under § 14-18-05. Compensation for gestational carriers is not regulated by statute — amounts set by contract.
Legal basis: Statute · N.D. Cent. Code §§ 14-18-01 to 14-18-09 (Uniform Status of Children of Assisted Conception Act), esp. § 14-18-08 (a child born to a gestational carrier is a child of the intended parents for all purposes); N.D. Cent. Code § 14-18-05 (traditional surrogacy void)
Sources: creativefamilyconnections.com, surrogatefirst.com, americansurrogacy.com, ndlegis.gov
Ohio
Ohio has no surrogacy statute and relies entirely on case law. The Ohio Supreme Court's 2007 ruling in J.F. v. D.B. established that gestational surrogacy agreements are not against public policy and are enforceable. Compensated surrogacy is practiced widely. Pre-birth-order availability is county- and judge-dependent — many courts grant them while others require post-birth orders, with no public statewide tally — and outcomes for unmarried couples and non-genetic intended parents are venue-dependent. Traditional surrogacy is not prohibited but carries greater legal risk.
Conditions: No statute; governed by case law and contract principles. Surrogacy agreements are enforceable when the surrogate is not genetically related to the child (J.F. v. D.B.). Pre-birth-order availability is county- and judge-dependent; practitioners report many courts grant them while others require post-birth orders — no public statewide tally exists. Outcomes for non-genetic intended parents vary by judge.
Legal basis: Case law · J.F. v. D.B., 116 Ohio St.3d 363, 2007-Ohio-6750, 879 N.E.2d 740 (Ohio Sup. Ct. 2007); S.N. v. M.B., 188 Ohio App.3d 324, 2010-Ohio-2479 (egg donation)
Sources: creativefamilyconnections.com, supremecourt.ohio.gov, americansurrogacy.com
Oklahoma
Oklahoma enacted the Gestational Agreement Act in 2019, establishing a comprehensive statutory framework for gestational surrogacy. Compensated surrogacy is explicitly permitted. Single intended parents and married couples can use the Act; unmarried couples with two intended parents face limitations and may need post-birth adoption for the non-legally-recognized partner. Court validation of the agreement must occur before any embryo transfer, and pre-birth orders are available for compliant agreements.
Conditions: Gestational carrier must be ≥21, have previously given birth, and complete medical/psychological evaluations; the carrier (or an intended parent) must have been an Oklahoma resident for 90 consecutive days. Agreement must be court-validated before embryo transfer (validation may occur retroactively post-transfer for good cause). The married-couple requirement (10 O.S. § 557.5(4): 'If there are two intended parents that are party to a gestational agreement, then they must be married to each other') gates only the statutory validation path; under § 557.8, a non-validated agreement is unenforceable (except expense-reimbursement terms) and parentage is 'determined as otherwise provided by Oklahoma law' — unmarried couples with a genetic link can establish parentage through ordinary post-birth proceedings outside the Act. Section 557.5(5) bars parties unlawfully present in the United States. Carrier may not be genetically related to the child. Compensation is permitted but may not be conditioned on the number of embryos transferred, procedures, children, or genetic characteristics. Intended mother must show medical inability to safely carry a pregnancy.
Legal basis: Statute · Okla. Stat. tit. 10, §§ 557.1–557.14 (Gestational Agreement Act, enacted by HB 2468, eff. May 15, 2019)
Sources: oksenate.gov, okbar.org, www3.oklegislature.gov, oscn.net, surrogatefirst.com
Oregon
Oregon enacted a comprehensive parentage statute (SB 163, Oregon Laws 2025 ch. 592, effective September 26, 2025) incorporating Uniform Parentage Act provisions and establishing statutory treatment for gestational surrogacy agreements. Before that date, Oregon operated on a practice basis — no statute prohibited surrogacy and courts routinely granted pre-birth orders. Compensated gestational surrogacy has been and remains permitted, and pre-birth orders are now expressly authorized by statute for all intended-parent configurations with no genetic-link requirement. Traditional surrogacy is technically not prohibited but lacks an operative statutory framework, and a genetic surrogate remains the legal parent absent adoption.
Conditions: Under Oregon Laws 2025, ch. 592 (SB 163, eff. Sept. 26, 2025): gestational surrogacy requires the surrogate to be 21+, have had a prior birth, complete medical and mental-health evaluations, and have independent counsel paid by the intended parents (§ 63). Statutory nexus required: an Oregon-resident party, the embryo transfer occurs in Oregon, or the intent is for the child to be born in Oregon (§ 64(1)). The agreement must be written, signed, and notarized or executed under penalty of perjury before embryo transfer (§ 64). Compensation is permitted: 'payment of consideration and reasonable expenses' (§ 65(2)(a)). Pre-birth orders are expressly statutory: a judgment may issue before birth with enforcement stayed (§ 72(2)), for married or unmarried intended parents, with no genetic link required (§ 70(4)). Traditional (genetic) surrogacy appears in the definitions only with no operative framework (UPA 813–818 omitted); a genetic surrogate is the legal parent under ORS 109.065(1) absent adoption.
Legal basis: Mixed · Oregon Laws 2025, ch. 592, §§ 63–74 (SB 163, eff. Sept. 26, 2025) (gestational surrogacy agreements, UPA 802–812); repeals ORS 109.239–109.264 (former assisted-reproduction statutes)
Sources: oregonlegislature.gov, olis.oregonlegislature.gov, creativefamilyconnections.com, law.justia.com
Pennsylvania
Pennsylvania has no surrogacy statute; gestational surrogacy rests on the 2006 Superior Court decision J.F. v. D.B., which validated surrogacy contracts and denied gestational carriers standing to claim maternity. Compensated gestational surrogacy is legal and widely practiced. Pre-birth orders are available in most counties but outcomes vary substantially by venue and judge. Traditional surrogacy is permitted but altruistic-only (compensation barred by adoption-payment constraints); no pre-birth orders are possible. No legislation was enacted in 2024–2026.
Conditions: No surrogacy statute exists. The Superior Court in J.F. v. D.B. (2006) held that gestational surrogacy contracts are valid and that a gestational carrier lacks standing to assert custody as 'legal mother.' Compensated gestational surrogacy is permitted in practice. Pre-birth orders are routinely granted in many counties but vary significantly by county and judge—venue may be in gestational carrier's county, intended parents' county, or child's birthplace. Traditional surrogacy is altruistic-only in practice: because the surrogate is the legal and genetic mother, parentage transfers through adoption-law channels, payments are limited to allowable adoption-related expenses subject to the itemized-accounting requirement of 23 Pa.C.S. § 2533(d) (with 18 Pa.C.S. § 4305, dealing in infant children, barring payment for the child), no pre-birth order is possible, and the surrogate cannot relinquish parental rights until 72 hours after birth. Egg donation lacks published appellate case law, though Ferguson v. McKiernan (2007, sperm donation) provides an analogous framework.
Legal basis: Case law · J.F. v. D.B., 897 A.2d 1261 (Pa. Super. Ct. 2006); Ferguson v. McKiernan, 940 A.2d 1236 (Pa. 2007) (sperm donor analogue).
Sources: creativefamilyconnections.com, surrogatefirst.com, babystepssurrogacy.com, hatch.us
Puerto Rico
Puerto Rico recognized surrogacy through its 2020 Civil Code revision (Law 55-2020), with the Puerto Rico Supreme Court confirming in RPR & BJJ, Ex parte (2021 TSPR 83) that intended mothers may obtain voluntary maternal recognition of children born via gestational surrogacy (surrogate without genetic link), and extending voluntary recognition to traditional surrogacy in Pérez Rodríguez v. López Rodríguez (2022 TSPR 95), where the court stated surrogacy agreements are not prohibited. Contrary to an earlier draft claim, the Civil Code contains no compensation or 'reasonable'-payment language for surrogacy (Art. 77's remuneration ban omits gametes and surrogacy), so compensation is neither expressly authorized nor prohibited. The code lacks any regulatory framework — no provisions address eligibility, escrow, pre-birth orders, or dispute resolution — and both recognition cases are post-birth, so no pre-birth-order procedure exists. The framework is civil-law, making U.S. mainland precedents non-binding. Proposed comprehensive legislation (P. de la C. 577) died with the 2021–2024 Assembly; a reported 2025–2028 refiling could not be confirmed in legislative records and nothing has been enacted.
Conditions: The 2020 Civil Code (Law 55-2020) treats surrogacy and gamete donation as permitted objects of contract. Article 76 exempts surrogacy and gamete donation from the ban on contracting over the human body, but contains NO compensation or 'reasonable' language; Article 77's remuneration ban covers organs, blood, plasma, and tissues only — gametes and surrogacy are omitted, so compensation is neither expressly authorized nor prohibited. Filiation is governed by Arts. 556 and 567 (birth determines maternity EXCEPT in gestational surrogacy where the surrogate has no genetic link and there was original intent) and Art. 570 (intended mother's standing to impugn maternity via the surrogacy agreement). The Puerto Rico Supreme Court in RPR & BJJ, Ex parte (2021 TSPR 83) recognized gestational surrogacy via voluntary maternal recognition; Pérez Rodríguez v. López Rodríguez (2022 TSPR 95) extended voluntary recognition to traditional surrogacy, holding surrogacy agreements 'no están prohibidos' (citing Art. 570). Both cases involve post-birth voluntary recognition; no pre-birth order procedure exists. No regulatory framework addresses eligibility, escrow, pre-birth orders, or dispute resolution. P. de la C. 577 (comprehensive surrogacy regulation) passed the House but died with the 2021–2024 Assembly; a refiling by Rep. Ángel Matos García in the 2025–2028 Assembly has been reported but could not be confirmed in legislative records as of June 2026 (bill number and status unverified), and nothing has been enacted. The framework is civil-law (not common law), making U.S. mainland precedents non-binding. NOTE FOR OWNER REVIEW: traditional surrogacy is classified here as 'permitted-with-conditions' per the 2022 TSPR 95 voluntary-recognition holding, but the verdict offers the owner a choice between this and 'unclear'; either way, surrogacy contracts in Puerto Rico remain unregulated (no eligibility, escrow, or pre-birth-order framework).
Legal basis: Mixed · Cód. Civ. P.R. 2020 (Ley 55-2020) Arts. 76, 556, 567, 570; RPR & BJJ, Ex parte, 2021 TSPR 83, 207 DPR 389 (June 17, 2021) (gestational surrogacy; voluntary maternal recognition); Pérez Rodríguez v. López Rodríguez, 2022 TSPR 95, 210 DPR 163 (July 12, 2022) (extending voluntary recognition to traditional surrogacy)
Sources: dts.poderjudicial.pr, dts.poderjudicial.pr, lexjuris.com, lexjuris.com, derecho.uprrp.edu, cambridge.org
Rhode Island
Rhode Island adopted Article 8 of the Uniform Parentage Act in 2020 (effective January 1, 2021), permitting compensated gestational surrogacy with no cap on surrogate compensation. Traditional surrogacy is allowed only between direct family members. Pre-birth orders are routinely granted; a hearing is required but only the gestational carrier need appear. The notable nexus requirement is that at least one intended parent be a U.S. resident — residence, not immigration status, and not Rhode Island residency.
Conditions: At least one intended parent must be a resident of the United States (§ 15-8.1-802); the statute requires U.S. residence, not citizenship or permanent-resident immigration status, and imposes no Rhode Island residency or domicile requirement. Gestational carrier cannot use her own egg; traditional surrogacy is permitted only if the surrogate is a direct family member of the intended parent(s) and all Article 8 requirements are otherwise met. Agreement valid for no more than one cycle. Agreement must be in writing and signed before embryo transfer; all parties must be at least 21. Intended parents need not have a genetic connection to the child. For pre-birth orders: only the gestational carrier must attend the required hearing; venue options include surrogate's county, intended parents' county, or delivery county. No compensation cap specified in statute.
Legal basis: Statute · R.I. Gen. Laws §§ 15-8.1-801 to 15-8.1-809 (Rhode Island Uniform Parentage Act — Article 8 Surrogacy, eff. January 1, 2021)
Sources: creativefamilyconnections.com, surrogatesteps.com, upriseri.com, webserver.rilegislature.gov, webserver.rilegislature.gov
South Carolina
South Carolina permits gestational surrogacy through the absence of any prohibitory statute, with the federal district court's Mid-South Insurance decision — a persuasive (not controlling) federal diversity insurance-coverage ruling — suggesting gestational agreements are enforceable, alongside the statutory adoption-expense limits at S.C. Code § 63-9-310(F)(1). Courts issue pre-birth consent orders (final at 30 days post-birth) in most cases where at least one intended parent is genetically related; fully non-genetic arrangements face greater barriers. Traditional surrogacy is legally risky: compensation is capped at adoption-statute levels under S.C. Code § 63-9-310(F)(1), and some practitioners advise against it entirely. Outcomes vary meaningfully by county and presiding judge.
Conditions: No surrogacy statute exists. Gestational surrogacy is permitted by absence of prohibition; Mid-South Insurance Co. v. Doe supports enforceability of gestational agreements. Pre-birth consent temporary orders are available; final orders issued within 30 days of delivery. Both intended parents can be named if at least one is genetically related, or if the couple is married regardless of genetic connection. Unmarried same-sex non-biological parents must pursue second-parent adoption post-birth. Neither parent genetically related: pre-birth order naming both parents unavailable in any couple type. Traditional surrogacy is not explicitly prohibited but compensation is constrained by adoption statute § 63-9-310(F)(1) (limited to actual medical and reasonable living expenses); courts may void arrangements exceeding those limits. Results vary significantly by county and judge.
Legal basis: Mixed · Mid-South Insurance Co. v. Doe, 274 F. Supp. 2d 757 (D.S.C. 2003) (persuasive federal insurance-coverage decision suggesting gestational agreements are enforceable); S.C. Code Ann. § 63-9-310(F)(1) (adoption expense limits, applied to traditional surrogacy)
Sources: creativefamilyconnections.com, tdlawgroup.com, surrogatefirst.com, scstatehouse.gov
South Dakota
South Dakota has no surrogacy statute and no published case law prohibiting surrogacy. Courts consistently grant pre-birth parentage orders in all family structures — married, unmarried, same-sex, single, and with or without genetic connection — making it one of the most permissive jurisdictions in practice. Traditional surrogacy is also permitted by this absence of restriction, though it carries inherent legal risk given the carrier's genetic relationship to the child. Compensation for both gestational and traditional surrogates is set entirely by contract.
Conditions: No statute or published case law restricts or regulates surrogacy in any form. Gestational surrogacy contracts are routinely recognized and enforced by courts despite absence of specific legislation. Pre-birth orders are granted regardless of marital status, sexual orientation, or genetic connection. Compensation is unregulated by statute.
Legal basis: No statute
Sources: creativefamilyconnections.com, surrogatefirst.com, americansurrogacy.com
Tennessee
Tennessee lacks a surrogacy-specific statute but permits compensated gestational surrogacy by the absence of any prohibition. The definitional statute (§ 36-1-102(52)) contemplates surrogate birth arrangements involving genetic connection. Pre-birth orders are conditionally available for genetically related intended parents; non-genetic co-parents require post-birth adoption. Surrogacy contract enforceability is not statutorily guaranteed and rests on judicial discretion.
Conditions: No statute prohibits or explicitly authorizes compensated gestational surrogacy — compensation is permitted by absence of prohibition. Pre-birth orders are available when at least one intended parent has a genetic connection to the child; only the genetically related parent is named on the pre-birth order. Non-genetic spouse/partner must complete a post-birth second-parent or stepparent adoption. LGBTQ+ couples: pre-birth orders available only to the genetically related parent. Traditional surrogacy is not expressly prohibited but creates complex parental rights issues since the surrogate cannot relinquish rights pre-birth. Contract enforceability is at court discretion — no Tennessee statute directly enforces surrogacy agreements. Per In re Baby (Tenn. 2014), surrogate compensation may not be contingent on surrender of the child or termination of parental rights — it must be structured as reasonable costs of services, expenses, and anticipated injuries.
Legal basis: Mixed · Tenn. Code Ann. § 36-1-102(52) (definition of 'surrogate birth'; subdivision number varies by code edition); In re Baby, 447 S.W.3d 807 (Tenn. 2014) (surrogacy contracts enforceable; pre-birth termination of surrogate's parental rights and compensation contingent on surrender unenforceable); no surrogacy-specific enforcement statute
Sources: tncourts.gov, tncourts.gov, americansurrogacy.com, surrogatefirst.com, surrogacy4all.com
Texas
Texas permits gestational surrogacy under a detailed statutory framework requiring court validation before embryo transfer. The intended parents must be a married couple. Compensation is not explicitly prohibited or authorized but must not constitute baby-buying; expenses are routinely reimbursed. Traditional surrogacy (using the surrogate's own eggs) is not addressed in the statute and carries legal uncertainty. Pre-birth parentage orders are available upon court validation of the agreement.
Conditions: Intended parents must be married to each other (§ 160.754(b)). Gestational mother's eggs may not be used — eggs must come from an intended parent or donor. Agreement must be signed at least 14 days before embryo transfer. Court validation required before transfer; court must find medical evidence that intended mother cannot safely carry a pregnancy. Home study required. Gestational carrier must have previously given birth. Court enters parentage order pre-birth; confirmed post-delivery. Section 160.754(b)'s requirement is gender-neutral ('The intended parents must be married to each other'), so same-sex married couples qualify for statutory validation post-Obergefell/Pavan. Unmarried couples cannot validate an agreement; under § 160.762 a non-validated agreement leaves parentage to ordinary Chapter 160 rules — in practice the genetic intended parent is adjudicated a parent post-birth and the non-genetic partner secures rights via adoption or suit to adjudicate parentage, and intended parents under an unvalidated agreement remain liable for child support.
Legal basis: Statute · Tex. Fam. Code §§ 160.751–160.763 (Subchapter I, Uniform Parentage Act)
Sources: statutes.capitol.texas.gov
Utah
Utah permits gestational surrogacy for married intended parents under Utah Code §§ 81-5-801 et seq. (the Uniform Parentage Act, Part 8, renumbered from Title 78B ch. 15 to Title 81 ch. 5 effective Sept. 1, 2025). Court validation of the gestational agreement is required before birth; both spouses must be parties. In re Gestational Agreement (2019 UT 40) held that excluding same-sex male married couples violates equal protection, and 2020 amendments codified gender-neutral language. SB 126 (eff. May 1, 2024) made gender-neutralizing and technical changes only; the marriage requirement remains in the current code (81-5-801(3)(a)). Single and unmarried intended parents fall outside the statute's protections. Traditional surrogacy has no statutory pathway and is unenforceable under Part 8.
Conditions: Gestational surrogacy is permitted for married intended parents — the marriage requirement remains in force under the current code (81-5-801(3)(a): 'The intended parents shall be married'). SB 126 (2024, eff. May 1, 2024) made only gender-neutralizing and technical changes (it also bars use of the surrogate's spouse's sperm or eggs); it did not remove the marriage requirement. Court validation of the gestational agreement is required before a parentage order will issue (81-5-801(4) and -803), including a home study unless waived and mental-health counseling. A 90-day residency requirement applies to the surrogate or intended parents (81-5-802(2)); all parties must be 21+. The surrogate may not use her own eggs (81-5-801(7)); at least one intended parent must be a gamete donor (81-5-801(5)(b)); the gestational mother may not be receiving Medicaid or other state assistance (81-5-801(2)). Single parents and unmarried couples fall outside the statute's protections and cannot obtain statutory pre-birth orders. Traditional surrogacy has no statutory framework; agreements are unenforceable under Part 8.
Legal basis: Statute · Utah Code §§ 81-5-801 through 81-5-809 (Uniform Parentage Act, Part 8, Gestational Agreement; renumbered from §§ 78B-15-801–809 eff. Sept. 1, 2025, by Laws of Utah 2025, ch. 426); amended by SB 126 (2024 G.S., eff. May 1, 2024); In re Gestational Agreement, 2019 UT 40, 449 P.3d 69
Sources: le.utah.gov, le.utah.gov, law.justia.com, creativefamilyconnections.com, cannonlawgroup.com
Vermont
Vermont enacted Chapter 8 of the Vermont Parentage Act in 2018 (effective July 1, 2018) authorizing compensated gestational surrogacy for all family structures with at least one Vermont-resident party. Pre-birth orders are available without a hearing. Traditional surrogacy is restricted to family-member arrangements. A gamete donor is expressly not a parent under the Act.
Conditions: Gestational carrier: must be at least 21; must complete a medical evaluation including mental health consultation; must have independent legal representation; must not have contributed gametes to the embryo (genetic surrogacy prohibited except when carrier is a family member of the intended parent). Intended parents: must be at least 21; must complete psychosocial education and counseling; must have independent legal representation. At least one party must be a Vermont resident. Agreement must be in writing and fully executed before embryo transfer; limited to a one-year term. Compensation (consideration and reasonable expenses) is permitted. Pre-birth orders: Probate Division issues orders before or after birth, no hearing required; birth certificates typically issued within two weeks of delivery. Traditional (genetic) surrogacy: permitted only when the carrier is a family member of the intended parent(s) and all statutory requirements are met.
Legal basis: Statute · 15C V.S.A. §§ 801–809 (Vermont Parentage Act, Ch. 8 — Gestational Carrier Agreements, eff. July 1, 2018), esp. § 801(a)(4) (family-member exception for genetic carrier)
Sources: legislature.vermont.gov, creativefamilyconnections.com, surrogatesteps.com
Virginia
Virginia has a detailed statutory scheme (Va. Code §§ 20-156 to 20-165) permitting gestational surrogacy in two tracks: court-approved (§ 20-160) and non-court-approved (§ 20-162). In both tracks, any provision for compensation to the surrogate beyond reasonable medical and ancillary costs is explicitly 'void and unenforceable,' making compensated gestational surrogacy effectively prohibited. Virginia does not issue pre-birth parentage orders; under the non-court-approved track, the surrogate signs a consent form at least 3 days post-birth, after which a new birth certificate is issued by the State Registrar, a process that can take 8–12 weeks. Traditional surrogacy contracts are unenforceable because the surrogate's genetic tie to the child creates insuperable adoption-law conflicts. No 2024–2026 statutory amendments to Chapter 9 were identified in legislative records.
Conditions: Court-approved path (§ 20-160): home study by licensed agency, guardian ad litem for child, counseling, psychological and physical evals, prior pregnancy/live birth for surrogate, documented infertility for intended parent, at least one intended parent must be the genetic parent or hold embryo custody, surrogate's spouse must be party. Non-court-approved path (§ 20-162): written, notarized contract required; surrogate may relinquish parental rights no sooner than 3 days post-birth; DNA or physician certification filed within 180 days. In both paths, any compensation clause is void and unenforceable. Only reasonable medical and ancillary costs (housing attributable to pregnancy, health care, medications) are permitted; lost wages are excluded because the § 20-156 definition of 'reasonable medical and ancillary costs' is an exhaustive list that does not include them.
Legal basis: Statute · Va. Code §§ 20-156 through 20-165 (Title 20, Chapter 9, Code of Virginia)
Sources: law.lis.virginia.gov, law.lis.virginia.gov, law.lis.virginia.gov, law.lis.virginia.gov, creativefamilyconnections.com, vdh.virginia.gov
Washington
Washington enacted a comprehensive surrogacy statute in 2019 as part of its Uniform Parentage Act (RCW 26.26A.700–785). Both gestational and traditional ('genetic') surrogacy are expressly permitted, and compensation is explicitly allowed. Pre-birth parentage orders are available for gestational surrogacy for all family types (married, unmarried, same-sex, single). For traditional surrogacy, the agreement must be court-validated before embryo transfer, and the surrogate has a 48-hour post-birth rescission right; only post-birth orders are available in that pathway.
Conditions: Surrogate must be at least 21 years old, have previously given birth to at least one child, complete medical and mental health evaluations, have independent legal representation. Intended parents also must be 21+. Compensation to surrogate explicitly permitted under RCW 26.26A.715. Traditional ('genetic') surrogacy requires court validation before assisted reproduction begins (RCW 26.26A.760); 48-hour post-birth rescission window applies (RCW 26.26A.765(2), narrowing the UPA default of 72 hours); pre-birth orders are NOT available for traditional surrogacy (post-birth orders only, based on best interest of child).
Legal basis: Statute · RCW 26.26A.700–26.26A.785 (Washington Uniform Parentage Act, eff. January 1, 2019)
Sources: app.leg.wa.gov, app.leg.wa.gov, app.leg.wa.gov, app.leg.wa.gov, creativefamilyconnections.com, app.leg.wa.gov
West Virginia
West Virginia permits compensated gestational surrogacy under W. Va. Code § 61-2-14h(e)(3), which expressly allows fees and expenses in surrogate agreements. Pre-birth orders are available in some jurisdictions but are not guaranteed, and most intended parents historically obtain post-birth orders. Traditional surrogacy is permitted but legally discouraged. A comprehensive surrogacy reform bill (SB 575, 2024) passed the Senate but died in the House, so the existing patchwork framework remains operative as of June 2026.
Conditions: W. Va. Code § 61-2-14h(e)(3) explicitly permits 'fees and expenses included in any agreement in which a woman agrees to become a surrogate mother,' making both altruistic and compensated gestational surrogacy legal. Pre-birth parentage orders are available in some courts (particularly Kanawha County or county of birth) for married couples and, in many cases, single individuals; availability for unmarried couples varies by judge. Traditional surrogacy is not prohibited by statute or published case law but carries heightened legal risk. SB 575 (2024), which would have created a comprehensive Assisted Reproduction Act codified at W. Va. Code §§ 16-67-1 to 16-67-19, including formal pre-birth order procedures, passed the Senate but stalled in House Judiciary and did not become law.
Legal basis: Statute · W. Va. Code § 61-2-14h(e)(3); SB 575 (2024 Regular Session) passed Senate 28–3 but died in House Judiciary Committee and was NOT enacted.
Sources: wvlegislature.gov, wvlegislature.gov, code.wvlegislature.gov, creativefamilyconnections.com, surrogatefirst.com, americansurrogacy.com, wvpublic.org
Wisconsin
Wisconsin's Supreme Court established in Rosecky v. Schissel (2013) that surrogacy contracts—both gestational and traditional—are enforceable unless contrary to the child's best interests, making Wisconsin surrogacy-friendly by case law. Pre-birth orders are available but are classified as interim/interlocutory and must be followed by a final post-birth order for birth certificate purposes. There is no surrogacy statute, so outcomes depend on county and judge. Traditional surrogacy carries the additional risk that the surrogate cannot be legally compelled to relinquish parental rights.
Conditions: No statute; governed by Rosecky v. Schissel. Surrogacy contracts are enforceable unless contrary to the child's best interests. For traditional surrogacy, the surrogate cannot be compelled to relinquish parental rights, but custody and visitation provisions may be enforced. Pre-birth orders are interlocutory/interim and require a subsequent final post-birth order to issue a birth certificate. Availability of pre-birth orders varies by county and judge; married couples with genetic connection generally fare best. Compensation is not prohibited.
Legal basis: Case law · In re the Paternity of F.T.R., Rosecky v. Schissel, 2013 WI 66 (Wis. Sup. Ct. 2013)
Wyoming
Wyoming enacted a gestational surrogacy statute in 2021 (HB 0073, WY Stat. § 35-1-401 and § 14-2-811) but it is more restrictive than peer states. Both intended parents must be Wyoming residents for one full year before the agreement is executed. Compensation is restricted to pregnancy-related expenses (broader base compensation is legally uncertain). Pre-birth orders are unavailable; parentage is established by post-birth court order. The statute uses gendered 'mother and father' language, but courts have been willing to issue orders for same-sex and single intended parents.
Conditions: Both intended parents must be Wyoming residents for at least 12 months (one year) before executing the gestational carrier agreement. All parties must be at least 21. Compensation is limited to 'expenses related to prenatal care, delivery of the child, and any other costs including the cost of lost opportunity that are directly connected to the pregnancy' — broader base compensation is legally ambiguous. No pre-birth orders; only post-birth parentage orders under § 14-2-811. Statute uses 'mother and father' language but courts have issued orders for same-sex and single parent intended parents in practice. Traditional surrogacy: birth mother cannot consent to terminate parental rights until after birth.
Legal basis: Statute · WY Stat. § 35-1-401(xiv); WY Stat. § 14-2-811; HB 0073 (signed April 5, 2021)
Sources: creativefamilyconnections.com, americansurrogacy.com, abovethelaw.com
Frequently asked questions
- What is the difference between gestational and traditional surrogacy?
- In gestational surrogacy, the surrogate carries an embryo created from the intended parents' or donors' eggs and sperm, so she has no genetic link to the child. In traditional surrogacy, the surrogate's own egg is used, making her the child's genetic mother. Most states treat the two differently, and traditional surrogacy is more often restricted, unenforceable, or routed through adoption law.
- Can a surrogate be paid?
- It depends on the state. Many states permit compensated surrogacy; a few — such as Louisiana and Nebraska — prohibit or refuse to enforce compensated arrangements; and others limit payments to the surrogate's reasonable expenses (an 'altruistic' model). The table above shows each state's status. Confirm the current rule with an attorney licensed in your state.
- What is a pre-birth order?
- A pre-birth order (or pre-birth parentage judgment) is a court order entered before the child is born that establishes the intended parents as the legal parents and directs how the birth certificate is issued. Availability varies by state and, in states without a statute, sometimes by county or judge.
- Which states have the most established surrogacy statutes?
- Several states have comprehensive statutes that expressly authorize compensated gestational surrogacy and provide for parentage orders — for example California, Washington, Colorado, Connecticut, Illinois, and Maine (shown as 'Statute' in the table above). A statutory basis generally offers more predictability than reliance on case law or court practice.
- Is this legal advice?
- No. This guide is general educational information compiled from public statutes, court decisions, and secondary sources, and has not been reviewed by an attorney. Always consult a lawyer licensed in the relevant state before making decisions. See our full disclaimer.