Surrogacy Laws by State

American Law Concept

In the United States regulations and laws vary with each individual state law and not federal. For example, Commercial Surrogacy may be illegal where Altruistic Surrogacy maybe legal. It is important to consult an attorney if you are interested in pursuing surrogacy as a family building option. Most adoption attorneys are familiar with surrogacy law and can equip you with the most accurate to date individual state mandates and laws surrounding contracted surrogacy.

Adoption.NET cannot be held responsible for legal advice. If you are considering surrogacy, please seek advice from an attorney who specializes in adoption and surrogacy law for your individual state.

Quick Facts

Surrogacy Friendly States: California, Illinois, Arkansas, Massachusetts, Washington (State), New Jersey

Banned States: These states prohibit and can punish all surrogacy contracts – Arizona, District of Columbia

Prohibited States: These states consider contracts void, unenforceable and can penalize – Arizona, District of Columbia, Michigan, New York

Void: Contracts are void and unenforceable – Indiana, Kentucky, Louisiana, Nebraska

Prohibited/Allows Exceptions: Prohibited if there is a biological tie to one of the intended parents, and or no commercial surrogacy – North Dakota, Washington

Regulated: These states allow surrogacy but have regulations – Arkansas, Florida, Illinois, Nevada, New Hampshire, Texas, Utah, Virginia

Laws by State in Alphabetical Order

Alabama
In most cases Alabama is commonly in favor of surrogacy agreements. While some of the language does exempt surrogacy from adoption laws and the selling of children. In 1996, the Alabama Court of Civil Appeals acknowledged a surrogacy arrangement in a divorce case when it granted a wife who had no biological tie to the child custody.

Alaska
Currently there are no active laws associated with surrogacy. However, the courts are commonly in favor of surrogacy agreements. The Alaska Supreme Court linked surrogacy with adoption in their 1989 rulings.

Arizona
Both traditional and gestational surrogacy agreements and contracts are banned by Arizona statute. In the court system of Arizona, the surrogate and her spouse are assumed the legal parents of the child(ren).

Arkansas
Arkansas is a surrogacy friendly state. Arkansas has a statute affirming surrogacy agreements and validating contracts. They have a clearly defined set conditions and situations for the different parentage arrangements. The Arkansas Supreme Court has previously ruled in favor of intended parents on many different occasions.

California
The California Supreme Court is usually in favor of surrogacy agreements. California first recognized it in 1998 where they declared that “intent rules in the determining parentage in gestational surrogacy arrangements.”

Colorado 
Currently there is no governing law built around gestational surrogacy agreements. However, typically the Colorado courts are commonly in favor of the intended parents.

Connecticut
The state of Connecticut currently holds no unfavorable opposition towards surrogacy agreements.

Delaware 
Delaware law states that surrogacy agreements are conflicting to public policy.

District of Columbia
The District of Columbia bans surrogacy agreements. Any party that violates this statute could face fines up to $10,000, and or be sentenced to prison for up to one year.

Florida
Florida is in favor of both traditional and gestational surrogacy agreements. If the intended parents enter into a gestational surrogacy agreement, they must be legally married. If the intended parents enter into a traditional surrogacy arrangement, they will be associated with the state adoption statute.

Georgia
The state of Georgia currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

Hawaii
The state of Hawaii currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

Idaho
The state of Idaho currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

Illinois
Illinois is extremely tolerable of gestational surrogacy and has statutes in place that govern the contractual process and the issuance of birth certificates to the intended parents. These laws also apply to single parents and heterosexual couples where parentage is identified in at least one of the intended parents.

Indiana
All surrogacy agreements and contracts are considered void and are not enforceable under Indiana law. In some case by case instances, a hand full of judges have granted pre-birth orders.

Iowa
The state of Iowa currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements. There is however, an Iowa code that releases the surrogate mother from any criminal provisions of the purchase or sale of humans.

Kansas
Kansas does not have any state laws governing surrogacy agreements, however there are conflicting views within the governing body whether surrogacy agreements are against public policy and voidable.

Kentucky
Kentucky does not have any state laws governing surrogacy agreements. Surrogacy contracts are void and unenforceable.

Louisiana
Traditional surrogacy agreements are considered contrary to public policy and deemed unenforceable and void. There is no statute that addresses gestational surrogacy agreements. However, the Louisiana state courts are not commonly favorable to gestational surrogacy agreements.
** Louisiana law is currently being re-evaluated and has gained public and legislative support to amend and define Louisiana state laws governing surrogacy.**

Maine
The state of Maine currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

Maryland
The state of Maryland currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

Massachusetts
The state of Massachusetts currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

Michigan
Michigan bans surrogacy agreements. Any party that violates this statute could face fines up to $50,000, and or sentenced to prison for up to 5 years.

Minnesota
The state of Minnesota currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

Mississippi
The state of Mississippi currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

Missouri
The state of Missouri currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

Montana
The state of Montana currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

Nebraska
In the state of Nebraska, all compensated surrogacy contracts are considered void and unenforceable. However there laws are unclear as to if uncompensated surrogacy agreements are considered legal.

Nevada
In the state of Nevada, only gestational surrogacy arrangements between heterosexual, legally married couples are considered valid and legal.

New Hampshire
In the state of New Hampshire, traditional and gestational surrogacy are only valid and legal if the intended parents are married and heterosexual. The state law only permits surrogacy arrangements to those couples where parentage is from at least one partner. There is currently no statute that governs gestational surrogacy agreements from donor eggs.

New Jersey
In the state of New Jersey, the statues that govern compensated and altruistic agreements are favorable. However, in some gestational surrogacy arrangements pre-birth orders are opposed when there is an egg donor.

New Mexico
The state of New Mexico currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

New York
The state of New York bans compensated surrogacy agreements. To any party that violates this statute could face fines from $500.00 to $10,000, and can be sentenced to prison for multiple infractions.

North Carolina 
The state of North Carolina currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

North Dakota
In the state of North Dakota, gestational surrogacy is permitted, however traditional surrogacy agreements are void and prohibited.

Ohio 
In the state of Ohio, there are no clear set of surrogacy laws. Typically, rulings have been split in determining parentage in traditional surrogacy arrangements and some court judges are reluctant to grant pre-birth orders to the intended parents.

Oklahoma
The state of Oklahoma does not have any specific state laws governing surrogacy agreements. However they do have strict laws against child trafficking. Because of this law, compensated surrogacy can be viewed unfavorably by the courts. However, they do allow payment of medical expenses of birth mothers through adoption. Surrogacy agreements which offer only this compensation are considered legal.

Oregon
The state of Oregon is a surrogacy friendly state and is favorable to most surrogacy agreements.

Pennsylvania
The state of Pennsylvania is a surrogacy friendly state and is favorable to most surrogacy agreements.

Rhode Island
The state of Rhode Island currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

South Carolina
The state of South Carolina currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

South Dakota
The state of South Dakota currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

Tennessee
In the state of Tennessee, the laws are not clearly defined for traditional surrogacy, but they do have statutes written around gestational surrogacy. For intended parents that have a surrogacy contract in place prior to the child’s birth, they do not have to terminate the parental rights of the gestational carrier. However, laws in the state of Tennessee do not include the surrogacy when it comes to the issuance of a birth certificate.

Texas  
In the state of Texas, gestational surrogacy is legal but traditional surrogacy, where a surrogate uses her own eggs, is not currently legal.

Utah
In the state of Utah, gestational surrogacy is legal but traditional surrogacy, where a surrogate uses her own eggs, is not currently legal. Parentage is determined when at least one of the intended parents contributes the gamete.

Vermont
The state of Vermont currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

Virginia
Virginia permits surrogacy but the law is so complex that generally the intended parents must file an action post-birth for amendment of the birth certificate.

Washington
In the state of Washington, compensated surrogacy is considered void and the contracts unenforceable and can be punished in a court of law. Altruistic surrogacy is legal.

West Virginia  
In the state of West Virginia, there is a human trafficking statute which states that any fees and expenses included in a surrogacy agreement are prohibited. However, the courts are favorable as long as it is altruistic

Wisconsin
The state of Wisconsin currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

Wyoming
The state of Wisconsin currently holds no unfavorable opposition towards surrogacy agreements, but does not have any state laws governing surrogacy agreements.

 


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