Surrogacy Laws: State by State
The laws governing surrogacy agreements vary from state to state. State laws sometimes depend on the type of surrogacy agreement, such as gestational or traditional surrogacy. For more information about the types of surrogacy read the Surrogacy Basics article.
Permitted. Six states allow individuals and couples to enter into surrogacy contracts: Arkansas, California, Illinois (gestational surrogacy only), Massachusetts, New Jersey (uncompensated surrogacy agreements only) and Washington (uncompensated surrogacy agreements only).
Prohibited. The District of Columbia and 11 states prohibit surrogacy agreements in all or some instances. The District of Columbia and Florida prohibit surrogacy for all unmarried couples; Indiana and Louisiana prohibit traditional surrogacy; Michigan and Nebraska prohibit compensated surrogacy agreements; Nevada prohibits surrogacy for all unmarried couples; New York, North Dakota and Texas prohibit surrogacy for all unmarried couples; and Utah and Virginia prohibit surrogacy for all unmarried couples.
The remaining 34 states have mixed or unclear laws and/or court case rulings on whether surrogacy agreements are allowed.
Browse our listings of State Surrogacy Laws.
The determination of parenting rights is always made on a case-by-case basis. If you are facing a parenting contest or are considering becoming a parent, you should consult with an attorney licensed in your state and familiar with GLBT family law.