Surrogacy Laws in the United States
Extraordinary Conceptions understands how confusing it can be to determine which states might be best for each surrogacy journey. Our map below is intended to help our surrogates and parents see which states are “surrogacy friendly” and which states may require a little extra effort to work with. “Conditional” states 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. We wanted to keep the map simple for all of our clients, so please contact your coordinator for the most up to date information.
PROVEN – Gestational Surrogacy is legal and enforceable. Both parents can be on the birth certificate and pre-birth orders are granted. (California, Connecticut, Washington D.C., Delaware, Maine, Nevada, New Hampshire, Rhode Island)
CONDITIONAL – Gestational Surrogacy is legal however there may be certain obstacles to consider. Every contract is different so please speak to your coordinator for up to date information. (Arizona, Idaho, Indiana, Alaska, Iowa, Mississippi, Montana, Nebraska, Tennessee, Virginia, Wyoming, Pennsylvania, Alabama, Arkansas, Colorado, Florida, Georgia, Hawaii, Illinois, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Texas, Utah, Vermont, West Virginia, Wisconsin)
NO-GO – Gestational surrogacy is illegal or extremely limited. Surrogacy not advised. Contracts may not be enforceable. (Louisiana, Michigan, New York, Washington)