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Surrogacy Laws

  • Light Blue States

Surrogacy is allowed but comes with some uncertainty. Court decisions may vary based on the judge or region, so people pursuing surrogacy here should be extra mindful of the possible inconsistencies.

ta,
va
  • Mint Green States
Surrogacy isn’t an option in these states when compensation is involved. Either state laws or court rulings prohibit paid arrangements, and it’s not possible to have both intended parents recognized at birth.
la*
  • Soft Sky Blue State
Surrogacy is permitted in theory, but there are asterisks. Only certain types of intended parents may qualify, and decisions can vary widely by county. Written law exists, but may not cover every situation.
az,
in,
ne
  • Pink States
These are some of the most welcoming states for surrogacy. Intended parents can usually obtain pre-birth orders and be listed on the birth certificate, without major restrictions based on family structure.
ca,
co,
ct,
dc,
de,
id,
me,
ma,*
mi,**
nh,
nj,
nv,
pa,
vt,
wa
  • "Purple" States
This category is a bit of a patchwork. Surrogacy is allowed, but the rules can shift depending on factors like where the birth takes place or the specific arrangement. Some areas within these states are more favorable than others.
Ma
ak,
ak,
ak,
ak,
ak,
ak,
ak,
ak,
ak,
ak,
ak,
ak,
ak,
ak,
ak,
ak,

State-By-State Surrogacy Law & Statutes

Surrogacy rules across the U.S. are anything but uniform. Some states welcome it with open arms, while others have restrictions that can make the process difficult or even impossible. The map shown here is based on both written law and what’s happening in real-life situations. Carrying Dreams tracks the actual experiences families face—not just what’s on paper—so you can make informed decisions no matter where you live.
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In What States is Surrogacy Legal?

If you’re new to surrogacy, you might assume it’s legal everywhere in the U.S.—but that’s not the case. Some states are fully supportive and make the process smooth for everyone involved. Others have gray areas or restrictions that can complicate things. That’s why it’s important to explore which states are most aligned with your surrogacy goals.

> Louisiana

What if I Live in a State Where Surrogacy is Illegal?

Living in a state that doesn’t allow compensated surrogacy doesn’t mean your journey has to stop. Many intended parents partner with surrogates who live in surrogacy-friendly states. Carrying Dreams can help coordinate arrangements that make sense across state lines, so you don’t feel boxed in by your home state’s policies.

Do I need Help from a Reproductive Lawyer?

Yes. Enlisting the help of a reproductive lawyer is extremely important. Intended parents often turn to surrogacy attorneys for help navigating the gestational surrogacy journey, including how to approach surrogacy legality in all 50 states, and obtaining parentage rights by a court parentage order.

A surrogacy law team like the one at Creative Family Connections can:

  • Prepare and negotiate a surrogacy contract; if you are the surrogate, your attorney will review the agreement with you and negotiate terms on your behalf.
  • Provide detailed guidance throughout every step of the surrogacy process, consistent with legal and ethical parameters. As the delivery approaches, the intended parents’ lawyer will prepare a power of attorney between the surrogate and the intended parents so that all goes smoothly at the hospital. In addition, the attorney will negotiate a comprehensive birth plan with the hospital for the surrogacy delivery
  • Help you obtain essential parentage orders and parentage documents

 

Important Notes About the Surrogacy Map and State Information

The interactive map displayed on this page is a visual guide designed to help intended parents, surrogates, and their supporters understand how surrogacy is viewed in different states across the U.S. It reflects information compiled from public sources and observed practices, but it is not a substitute for doing your own homework. Laws are subject to change, and what happens in courtrooms doesn’t always match what’s written in the statutes.


This resource is meant purely for educational and planning purposes. Carrying Dreams does not claim ownership over any third-party legal summaries or databases and does not replicate proprietary tools. The color-coding and labels on this map are original to our site and intended to simplify a complex legal landscape—please use them as a starting point, not the final word.


Please note: This content is not intended to serve as legal, medical, or professional advice. It’s simply one piece of the broader picture as you explore surrogacy across state lines.

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