In the United States, the legal status of surrogacy depends entirely on where you live. Some states openly welcome surrogacy arrangements with clear protections, while others place restrictions—or even ban contracts outright. Many fall into a gray area where outcomes depend on local judges.
For intended parents and surrogates, this patchwork of laws can feel overwhelming. Should you move forward in your home state, or work with a surrogate in another? How do pre-birth orders work? And where is surrogacy still considered illegal?
This article will guide you through the basics of surrogacy law across the country. We’ll cover:
- States that are surrogacy-friendly
- States with restrictions or case-by-case approval
- How pre-birth orders affect the process
- Why the “best” state depends on your unique family situation
And because every state is different, you’ll find links throughout this article that take you to detailed pages about surrogacy law in each state.
Surrogacy Laws by State: The Basics
Every state in the U.S. falls into one of four categories when it comes to surrogacy law:
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Surrogacy-Friendly States – Statutes and case law explicitly allow surrogacy, enforce contracts, and support intended parents with pre-birth orders.
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Restricted States – Surrogacy is possible, but only under specific conditions, such as requiring marriage, a genetic link, or court pre-approval.
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Highly Restrictive or Unenforceable States – Surrogacy is not banned, but contracts may be unenforceable, or only certain couples are eligible. This can make pursuing surrogacy nearly impossible without relocating.
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Unclear States – With no statutes in place, rulings vary by county and judge.
Because surrogacy involves the rights of both the surrogate and the intended parents, understanding where your state fits in is the first step.
Read Surrogacy Laws by State for more information.
Highly Restrictive or Unenforceable States
Although surrogacy is becoming more widely accepted, no U.S. state fully bans surrogacy anymore. Michigan was the last, but as of April 1, 2024, compensated gestational surrogacy is legal under the Michigan Surrogate Parenting Act.
Still, a few states remain highly restrictive:
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Nebraska – Under R.R.S. Neb. 25-21, 200 (2007), contracts are unenforceable, and only biological fathers may be recognized without further adoption proceedings.
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Louisiana – According to Louisiana Surrogacy Bill HB 1102, surrogacy is restricted to married heterosexual couples using their own egg and sperm. Commercial surrogacy is banned.
For families living in Nebraska or Louisiana, pursuing surrogacy elsewhere is often the only path forward. Agencies like Surrogacy By Faith help navigate cross-state arrangements so intended parents can still move forward despite these restrictions.
Read Which States Is Surrogacy Illegal? for more information.
What Are Surrogacy-Friendly States
The most supportive states provide legal clarity, protections, and inclusivity. These states not only allow compensated surrogacy but also streamline the legal recognition of parentage.
- California – Because of statute California Family Law Sections 7960 – 7962 (2013) as well as published case law Johnson v. Calvert (1993) and Buzzanca v. Buzzanca (1998), California is widely regarded as the most surrogacy-friendly state, California recognizes contracts, allows pre-birth orders, and supports all family types.
- Illinois – The Illinois Gestational Surrogacy Act makes it possible for intended parents to bypass court altogether if requirements are met.
- New Jersey – Once restrictive, New Jersey passed the Gestational Carrier Agreement Act in 2018, making it one of the most protective states today.
- New York – The Child Parent Security Act (2021) legalized compensated gestational surrogacy, bringing the state in line with progressive protections.
- Colorado – The 2021 Colorado Surrogacy Agreement Act cemented the state as one of the best for inclusivity and enforceable contracts.
These states are especially appealing for intended parents who want legal certainty and protection from the start.
Learn more about the Most Surrogacy Friendly States.
States with Restrictions or Case-by-Case Approval
Many states fall somewhere between fully supportive and strictly prohibitive. In these locations, surrogacy may be permitted under specific conditions or depend heavily on local court rulings.
For example:
- Florida –According to Florida statute Ch.742.15 FL Stat., surrogacy is limited to married couples under statute, though unmarried intended parents can pursue other legal routes.
- Texas – The Texas Family Code §160-751 through §160-763 specifies that pre-birth orders are available only if the surrogacy contract is court-validated before embryo transfer.
- Virginia – The Assisted Conception Statute allows surrogacy, but establishing parentage requires a lengthy legal process.
- Hawaii – Surrogacy isn’t prohibited, but pre-birth orders are not issued; parentage is confirmed after birth.
In these states, success depends on careful legal planning. Surrogacy agencies and attorneys are essential to ensure contracts are recognized and parentage is properly established.
Pre-Birth Order States
One of the most important legal protections in surrogacy is the pre-birth order. This court-issued document names the intended parents as the legal parents before the child is born, ensuring they’re listed on the birth certificate immediately.
- States with Full Access to Pre-Birth Orders: States like Connecticut and Nevada grant pre-birth orders without requiring a genetic link.
- States with Conditional Access: States like Tennessee or Idaho only issue pre-birth orders if one intended parent is genetically related.
- States Where Pre-Birth Orders Are Rare or Unavailable?: In states like Alabama or Nebraska, pre-birth orders are rarely, if ever, granted.
For intended parents, this can make the difference between being recognized immediately or needing to pursue adoption or post-birth court proceedings.
Which State Is Best for Surrogacy?
So, where should you pursue surrogacy? The answer depends on your family’s needs.
- For single parents – States like California, Colorado, and New Jersey offer the strongest protections.
- For intended parents seeking simplicity – Illinois allows parentage to be established without lengthy court procedures.
- For those in restrictive states – It may be best to work with a surrogate who resides in a friendlier state, while still engaging in the journey as intended parents.
There isn’t a one-size-fits-all answer. The best state for surrogacy is the one that aligns with your family’s legal, financial, and emotional needs.
Why Choose Surrogacy By Faith
At Surrogacy By Faith, we work with both surrogates and intended parents across the U.S., in any state with pre-birth orders. Our team helps families navigate restrictive or unclear state laws, match with surrogates in supportive states, secure pre-birth or post-birth orders as needed, and protect the rights of all parties involved. Wherever you are, you don’t have to figure this out alone. If you’re ready to begin, fill out our Surrogate Initial Inquiry Form or Intended Parents Inquiry Form to get started.