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Surrogacy Laws By State

The team at Love & Kindness knows that starting your surrogacy journey can feel both exciting and intimidating, especially because surrogacy laws vary greatly based on what state a surrogate lives in. Whether you’re joining our family or another agency for your surrogacy journey, we wanted to provide you with a map showing some of the most important laws and regulations as they pertain to you based on your marital status, sexual orientation, and more.

AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY DC
Surrogacy Friendly States

These states either expressly permit surrogacy by statute or case law, or have no law prohibiting surrogacy. A secure legal process exists in these states to establish parental rights.

Take Caution

These states present potential legal obstacles and require additional legal processes depending on the circumstance. In limited circumstances, surrogacy is practiced in these states, but results may be unpredictable.

Find the laws that apply to you.

State surrogacy laws can also change greatly based on the demographic information of the intended parent or parents of a child born using gestational surrogacy. Your marital status, sexual orientation, and more may change the ease with which you’ll be able to get an order assigning you the parents at birth.

Answer some questions below, and we’ll take you to the laws you need to know about.

Surrogacy Friendly States

Alabama

Alaska

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

 

Illinois

Iowa

Kansas

Kentucky

Maine

Maryland

Massachusetts

Minnesota

Mississippi

Missouri

 

Montana

Nevada

New Hampshire

New Jersey

New Mexico

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Texas

Utah

Vermont

Washington

West Virginia

Wisconsin

Common Questions

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The surrogacy journey can be complex.

We make it easy.