Your Guide to Surrogacy Laws Across the United States

Extraordinary Conceptions understands how confusing it can be to determine which countries, states and provinces might be best for each surrogacy journey. Our maps are intended to help our surrogates and parents see which locations in North America are “surrogacy friendly” and which areas may require a little extra effort to work with. “Conditional” places may have specific requirements (such as marital status, or genetic relation to the embryo) that may affect the surrogacy contract and/or pre-birth order. Some “Conditional” states may not be suitable for our LGBTQ clients or single parents. The maps are kept simple for all of our clients, so please contact your coordinator for the most up to date information.

Whether you’re an intended parent, gestational carrier, or surrogacy professional, this map provides the clarity you need.

It goes beyond just the laws, it reflects how surrogacy is actually practiced across the United States, state by state.

Unconditional access. Intended parents can obtain pre-birth orders, with both names appearing on the birth certificate.

CA, CO, CT, DC, DE, ID, ME, MA, MI, NH, NJ, NV, PA, VT, WA

Surrogacy is permitted under specific circumstances; marriage, residency, etc. In some states, parentage is confirmed before birth; in others, it happens after delivery.

AL, AK, AR, FL, GA, HI, IL, IA, KS, KY, MD, MN, MO, MS, MT, NY, NC, ND, NM, OH, OK, OR, RI, SC, SD, TX, UT, WI, WV, WY

Surrogacy is practiced in this state, but legal challenges or unpredictable results may occur, so be careful.

TN, VA

While courts may support parentage, state law doesn’t recognize surrogacy contracts making the process legally risky.

AZ, IN, NE

Surrogacy only permitted for married couples. State law bans compensated surrogacy contracts and most of the times prevents both intended parents from being listed on the birth certificate.

LA