These states are considered “surrogacy-friendly.” They:

• Allow compensated gestational surrogacy

• Grant pre-birth parentage orders

• Do not discriminate based on marital status or genetic connection

• Have strong statutes or case law supporting surrogacy

Fully Legal and Supported States (March 2025):
California (CA), Colorado (CO), Connecticut (CT), Delaware (DE), District of Columbia (DC), Idaho (ID), Maine (ME), Massachusetts (MA), Michigan (MI), New Hampshire (NH), New Jersey (NJ), Nevada (NV), Pennsylvania (PA), Vermont (VT), Washington (WA)

Notable Updates:

• Michigan repealed its ban; new law effective April 1, 2025

• Massachusetts passed a parentage act in 2025 affirming surrogacy rights

These states allow surrogacy but may have requirements such as:

• Genetic relation to the child

• Intended parents must be married

• Residency or judicial review

• Parentage orders only after birth

 

Surrogacy is legal in practice, but outcomes may vary based on the county, judge, or specific case.

States with Legal Restrictions or Conditions:
Alabama (AL), Alaska (AK), Arizona (AZ), Arkansas (AR), Florida (FL), Georgia (GA), Hawaii (HI), Illinois (IL), Indiana (IN), Iowa (IA), Kansas (KS), Kentucky (KY), Maryland (MD), Minnesota (MN), Mississippi (MS), Missouri (MO), Montana (MT), New Mexico (NM), New York (NY), North Carolina (NC), North Dakota (ND), Ohio (OH), Oklahoma (OK), Oregon (OR), Rhode Island (RI), South Carolina (SC), South Dakota (SD), Tennessee (TN), Texas (TX), Utah (UT), Virginia (VA), West Virginia (WV), Wisconsin (WI), Wyoming (WY)

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Key Considerations:

• New York allows compensated surrogacy but requires at least one party to be a resident.

• Florida permits surrogacy but with procedures differing for unmarried parents.

• Nebraska, Arizona, and Indiana require special caution due to laws voiding contracts—yet surrogacy still occurs with legal workarounds.

Only a few states still prohibit or refuse to enforce surrogacy agreements.

States That Restrict or Ban Compensated Surrogacy:

• Louisiana (LA): Only allows altruistic surrogacy for married heterosexual couples using their own gametes; compensated surrogacy is criminalized.

• Nebraska (NE): Surrogacy contracts are void and unenforceable by statute.

Important Note:

• Michigan was previously in this category but is now fully legal as of April 2025.

Proceeding in these states is possible but should be done with experienced reproductive attorneys. Options may include:

• Using surrogates in surrogacy-friendly states

• Post-birth adoptions or legal parentage orders

• Extra contractual and judicial safeguards

The U.S. is moving toward broader acceptance. Many states have modernized their laws to:

• Protect parental rights

• Enable diverse family structures

• Reduce ambiguity in court processes

The legal map is “greening”—more states now validate and support gestational carrier arrangements than ever before.