Surrogacy Laws by Location

The legality of surrogacy can be confusing because there are no federal laws permitting or prohibiting it in the U.S., therefore it is determined by state. If you’re considering surrogacy, it’s important to understand the legal process that conceiving via surrogacy entails, as well as the most suitable locations. Before embarking on your surrogacy journey, you must find out whether you live in a surrogacy-friendly state, a non-surrogacy friendly state, or somewhere in between. *As of April 17, 2018, this map represents surrogacy laws by location.   SURROGACY FULLY PERMITTED Arkansas California Connecticut Delaware Illinois Maine Nevada New Hampshire North Dakota Ohio Oregon Rhode Island   SURROGACY CONTRACTS NOT UPHELD (not surrogacy-friendly) In less surrogacy-friendly states, surrogacy may be practiced, though there may be legal obstacles or additional legal processes that are required to complete the surrogacy. For example, pre-birth orders may not be granted, or surrogacy contracts may be legally unenforceable. District of Columbia Michigan New Jersey New York Washington Alaska Arizona Iowa Idaho Indiana Louisiana Mississippi Montana Nebraska Oklahoma Tennessee Virginia Wyoming     SURROGACY NOT PROHIBITED (Surrogacy-friendly) In more surrogacy-friendly states, gestational surrogacy is usually permitted by statute, or there are no laws prohibiting surrogacy. Alabama Arkansas Colorado Florida Georgia Hawaii Illinois Kansas Kentucky Massachusetts Maryland Minnesota Missouri North Carolina North Dakota New Mexico Ohio Pennsylvania South Carolina South Dakota Texas Utah Vermont Wisconsin West Virginia   FORBIDDEN Statute or published case law prohibits compensated surrogacy contracts, OR a birth certificate naming both parents cannot be obtained. Louisiana Michigan New Jersey New York Washington It is important to note that few states actually have laws in place explicitly prohibiting or permitting surrogacy, which means that oftentimes the legality is determined more on a case-by-case basis. There are a number of factors and variables that can blur the lines within surrogacy laws, so it is extremely important to work with an assisted reproduction attorney in the state where your surrogacy is taking place. But fear not, because Newborn Advantage knows the ropes. We can connect you with the perfect attorney for your situation, and ensure that the legal process is a smooth one. Contact us today for more information. gtag('set', {'content_group1': 'Blog Content'});