If you’re considering surrogacy in the United States, one of the first and most important choices you’ll make is where to begin your journey. Surrogacy laws vary widely across the country. Some states fully embrace and support gestational surrogacy, offering clear legal frameworks and pre-birth parentage orders. Others have restrictive laws or unclear guidelines, which can complicate the process significantly.
This guide walks you through the most surrogacy-friendly states, highlights how surrogacy laws differ, outlines what surrogacy costs look like based on location, and explains a few important considerations that often go unmentioned—until it’s too late.
Which States Are Surrogacy-Friendly?
State with the Most Supportive Surrogacy Laws
In the U.S., surrogacy law isn’t governed at the federal level. That means each state decides whether surrogacy is legal, how it’s handled in the courts, and what kind of agreements are enforceable. Fortunately, several states have developed supportive systems that make the surrogacy process as straightforward and secure as possible.
California is widely considered the most surrogacy-friendly state in the nation. It has comprehensive laws supporting compensated gestational surrogacy, and the courts consistently grant pre-birth parentage orders—even when the intended parents have no biological connection to the child. Similarly, Illinois has one of the most efficient and protective legal frameworks for surrogacy. Its Gestational Surrogacy Act allows intended parents to establish legal parentage without going through the court process, provided certain criteria are met.
Other States with Clear Legal Protection
Other states with well-established, supportive laws include Connecticut, New Jersey, Washington, Vermont, Delaware, and New Hampshire. These states offer legal clarity and allow intended parents to secure their parental rights before the child is born. They also support compensated arrangements and require legal protections for both parties.
States without Statutes but Favorable Court Precedents
Then there are states that don’t have specific surrogacy legislation on the books, but are still considered relatively friendly due to favorable court precedents. Oregon is one such state. While there’s no surrogacy statute, judges routinely grant pre-birth orders, and the legal environment is generally considered safe for all involved. States like Colorado, Maryland, Florida, and Texas also fall into this category, though there may be added steps or requirements, especially around marital status or genetic connection.
States with Restrictions or Legal Uncertainty
On the opposite end of the spectrum are states like Michigan, Louisiana, and Nebraska, where surrogacy is restricted or discouraged. Until recently, Michigan had some of the harshest laws in the country, including criminal penalties for compensated surrogacy. In 2024, the state reversed course, passing new legislation to legalize and regulate the practice. Still, because the laws are new, intended parents and surrogates may find the process slower and less predictable as the courts and agencies adjust.
Louisiana allows only altruistic surrogacy under narrow conditions, and Nebraska considers compensated surrogacy contracts void. These states remain among the most challenging for intended parents hoping to pursue gestational surrogacy safely and legally.
What to Know About Surrogacy Laws by State
How Parentage Orders Work
The biggest legal differences between states usually involve how and when intended parents can establish their parental rights, and whether surrogates can be compensated. In friendly states like California and New Jersey, pre-birth parentage orders are standard, which means intended parents are legally recognized before the child is even born. This simplifies hospital procedures, avoids the need for adoption, and reduces stress for everyone involved.
In more restrictive or less defined states, post-birth steps may be required. That could mean appearing in court after the child is born to finalize your parentage, which can delay paperwork and create confusion at the hospital.
Common Legal Requirements
Some states also require intended parents to be married, or to use their own genetics, in order to qualify for parentage orders. These surrogacy requirements should be discussed early with an experienced surrogacy attorney.
Regardless of the state, all parties in a surrogacy arrangement should have their own legal representation. Contracts should cover everything from financial arrangements and medical decision-making to what happens in the event of complications or early delivery. In many states, independent legal counsel is required by law to protect both the surrogate and the intended parents.
Surrogacy Costs Vary by Location
Surrogacy is a significant financial investment, and where you pursue it can affect your total cost by tens of thousands of dollars. In general, a full surrogacy journey in the U.S. ranges from $90,000 to $180,000 or more. This includes agency fees, surrogate compensation, legal costs, fertility treatments, travel, insurance, and postpartum care.
The cost of surrogacy in California tends to be on the higher end of that range. That’s partly because the demand for surrogates is high, and compensation rates reflect that. Legal fees are also higher in major metro areas, and cost-of-living influences the allowances surrogates receive.
States like Colorado, Illinois, and New Hampshire typically fall in the mid-range for costs. They offer favorable legal conditions but may have lower agency fees or more flexible clinic pricing. In less populated or less competitive states—like Oregon or parts of Texas—intended parents might find more budget-friendly options, though legal fees can vary based on complexity.
Some states may also require you to purchase a new health insurance policy for your surrogate if her existing plan excludes maternity coverage for surrogacy. This can add several thousand dollars to your budget and should always be discussed before matching.
Surrogacy FAQ
Even in surrogacy-friendly states, there are details that can catch intended parents off guard. These commonly overlooked questions can make a big difference in how smoothly your journey goes.
Do I need to file legal documents before the embryo transfer?
In many states, yes. If you want a pre-birth parentage order (which establishes your legal rights before the baby is born), some states require the legal process to begin before the embryo transfer takes place. Missing this step can mean extra court appearances or delayed parentage—so it’s essential to work with an attorney early on.
When are surrogate payments made?
Surrogate compensation is typically paid in milestones, not as a lump sum. For example, your contract might include payments at:
- Confirmation of pregnancy (typically 6–8 weeks)
- 12 weeks gestation (when risk of miscarriage drops)
- 24 weeks gestation
- Delivery
Other reimbursements—like travel, maternity clothing, or lost wages—may be paid as needed. All of this should be outlined in the contract to avoid confusion or delays.
What happens if the surrogate’s insurance doesn’t cover surrogacy?
Some insurance policies exclude maternity care for a surrogate pregnancy. If that’s the case, the intended parents are typically responsible for purchasing a new insurance policy or paying out of pocket. Your agency or attorney should help you assess insurance coverage before matching.
Can I use a surrogate in another state?
Yes. In fact, many intended parents live in one state and match with a surrogate in another. If your home state doesn’t allow or support surrogacy, you can still complete the process legally by working with an agency and legal team in a more favorable state. You may need to travel for the embryo transfer and delivery, but this option can open the door to better legal protections and smoother court processes.
Do all states require me to be married to pursue surrogacy?
Some states have marital requirements for intended parents seeking parentage orders. Others are more flexible. If you’re single or unmarried, you’ll want to choose a state that clearly allows intended parents to pursue surrogacy regardless of marital status. Your attorney can help you interpret your eligibility based on the state’s specific laws.
Are there extra legal steps after the baby is born?
In states without pre-birth parentage options—or if deadlines are missed—intended parents may need to complete post-birth paperwork, such as second-parent adoption or parentage confirmation hearings. This can delay the issuance of the birth certificate and complicate hospital discharge, so planning ahead is key.
Choosing the Right State for Your Surrogacy Journey
There’s no one-size-fits-all answer when it comes to where to pursue surrogacy. For some intended parents, choosing the most legally secure state is worth the extra cost. Others prioritize proximity, matching speed, or agency reputation. What matters most is that you understand the legal framework, work with experienced professionals, and build a plan that supports everyone involved—from embryo transfer to delivery. Whether you’re just beginning to research or ready to match with a surrogate, speak with Surrogacy By Faith to save you stress, money, and legal uncertainty down the road. Fill out our surrogate form or intended parent form today. We’ll be with you through this important part of the journey!