Surrogacy is legally possible in many parts of the United States, but the rules are not the same everywhere. Unlike some countries that have one national surrogacy law, the U.S. leaves most surrogacy matters to individual states.
This means that the state where a gestational carrier lives and gives birth can make an important difference to the legal process, including the surrogacy agreement and recognition of the intended parents.
For international intended parents, understanding these differences before beginning treatment can help make the journey more organized and predictable.
Key Takeaways
- The U.S. has no single federal surrogacy law. State statutes and court decisions determine the legal pathway.
- Gestational surrogacy is different from traditional surrogacy because the gestational carrier has no genetic connection to the baby.
- Some states have detailed laws and established procedures, while others depend more heavily on court practice.
- Recent legal changes in states such as Michigan and Massachusetts have expanded or clarified statutory pathways.
- International intended parents should consider both S. state law and the requirements of their home country.
Why Does the State Matter?
The state can influence how the intended parents establish legal parentage, whether a pre-birth order is available, and what requirements must be met before and after delivery.
The following factors may affect eligibility:
- Marital status
- Whether an intended parent has a genetic connection to the baby
- Use of donor eggs or sperm
- Whether the intended parent(s) are single or a couple
- Residence of the gestational carrier
- Location of the medical treatment
- State where the baby will be born
Therefore, choosing the legal pathway before matching with a gestational carrier is an important step.
Surrogacy in USA Options by State
The following simplified classification gives intended parents a starting point. It should not be treated as a substitute for state-specific legal advice because laws and court practices can change.
States with Established Surrogacy Pathways
| State | General position | Pre-birth parentage pathway | Important point |
| California | Gestational surrogacy permitted | Generally available | Broad access and extensive legal experience |
| Colorado | Gestational surrogacy permitted | Available | Strong intent-based parentage framework |
| Connecticut | Permitted under parentage law | Available when requirements are met | Statutory requirements apply |
| Delaware | Permitted | Available | Genetic connection is not generally required |
| Hawaii | Statutory pathway | Available | Newer statutory framework |
| Illinois | Permitted | Available | Recent legislation expanded access |
| Maine | Permitted | Available | Governed by parentage legislation |
| Massachusetts | Permitted under new parentage law | Available | Statutory framework effective January 2025 |
| Michigan | Permitted under ARSPA | Available | New gender- and marriage-neutral framework |
| Nevada | Permitted | Available | No general residency requirement |
| New Hampshire | Permitted | Available | Established statutory pathway |
| New Jersey | Permitted | Available | Statutory requirements must be followed |
| New York | Permitted | Available | Specific requirements and agency regulations apply |
| Rhode Island | Permitted | Available | Residency requirements may apply |
| Vermont | Permitted | Available | Parentage Act provides a statutory framework |
| Washington | Permitted | Available | Gestational and traditional arrangements are addressed by state law |
These states are examples of jurisdictions where intended parents can find a defined legal pathway. However, eligibility and procedural requirements differ from state to state.
States Where the Process May Depend More on Court Practice
Some states do not have a comprehensive surrogacy statute. This does not necessarily mean that surrogacy cannot be pursued there. Instead, parentage may depend more heavily on court decisions and the circumstances of the particular case.
| State | General situation | What intended parents should consider |
| Georgia | No comprehensive surrogacy statute | Court practice and legal guidance are important |
| Maryland | No dedicated comprehensive surrogacy statute | Parentage orders may be available |
| Minnesota | No comprehensive surrogacy statute | Obtain current state-specific legal advice |
| Ohio | No dedicated comprehensive statute | Established case law and court practice are relevant |
| Pennsylvania | No comprehensive surrogacy-specific statute | Parentage practice should be confirmed with local counsel |
| North Carolina | No comprehensive surrogacy statute | Court procedure can be important |
| Missouri | No comprehensive surrogacy statute | Legal advice should be obtained before proceeding |
| Wisconsin | Primarily case-law based | Individual circumstances may affect the process |
A state without a dedicated statute should not automatically be described as either “legal” or “illegal.” The practical legal pathway can be more nuanced.
States with Significant Restrictions
A few states have laws that create substantial limitations on surrogacy agreements.
| State | General legal position | Potential concern |
| Arizona | Surrogacy contracts face statutory restrictions | Contract enforceability and parentage require careful legal planning |
| Indiana | Surrogacy contracts are generally declared void | Court practice may vary |
| Louisiana | Highly restricted statutory pathway | Eligibility and compensation restrictions apply |
| Nebraska | Surrogacy contracts are generally unenforceable | Parentage arrangements require particular care |
The fact that a state has restrictions does not necessarily mean that residents of that state cannot pursue surrogacy. Some families arrange for the pregnancy and birth to occur in another jurisdiction with an established legal pathway.
Recent Changes in U.S. Surrogacy Law
The U.S. surrogacy landscape continues to change.
| Recent development | State | What changed? |
| New parentage framework | Massachusetts | A statutory parentage framework for assisted reproduction and surrogacy took effect in 2025. |
| Assisted Reproduction and Surrogacy Parentage Act | Michigan | Gestational surrogacy agreements became enforceable under a new gender- and marriage-neutral framework. |
| New statutory framework | Hawaii | New legislation provides an express legal framework for gestational surrogacy. |
| Further legislative developments | Other states | Proposed bills and amendments continue to change the legal landscape. |
Michigan’s new framework is particularly significant because it does not make marriage or a genetic connection an eligibility requirement and permits the use of donor gametes.
What Should International Intended Parents Check?
For international intended parents, choosing a state involves more than asking whether surrogacy is “legal.”
Before signing an agreement, discuss the following with a qualified reproductive-law attorney:
| Question | Why it matters |
| Can foreign intended parents use this state’s surrogacy pathway? | Some jurisdictions may have additional requirements. |
| Is a genetic connection required? | This can affect donor-egg or donor-sperm arrangements. |
| Are single intended parents eligible? | Eligibility differs between states. |
| Are unmarried couples eligible? | Marriage requirements may apply in some jurisdictions. |
| Is a pre-birth parentage order available? | This can simplify establishment of legal parentage before delivery. |
| What documents are needed after birth? | Birth certificates, passports and travel documents require advance planning. |
| Will the parents’ home country recognize the parentage? | U.S. parentage and home-country recognition are separate legal questions. |
International intended parents should also check for new state laws that specifically affect foreign nationals or residents of particular countries. For example, Florida introduced restrictions in 2026 affecting certain international surrogacy arrangements involving nationals or residents of countries designated under its law.
What Is a Pre-Birth Parentage Order?
A pre-birth parentage order is a court order obtained during pregnancy that establishes who will be recognized as the child’s legal parent or parents.
Where available, this can help simplify the legal and birth-record process after delivery.
However, the requirements differ between states. Some states have clear statutory procedures, while others rely more on court practice.
That is why intended parents should work with an attorney who is licensed and experienced in reproductive law in the relevant state.
Choosing a State: A Simple Checklist
Before selecting a surrogacy program or gestational carrier, intended parents should:
- Review their family structuresuch as married, unmarried, single or same-sex couple.
- Determine whether donor eggs or sperm will be used.
- Identify the likely birth state.
- Confirm whether international intended parents are eligible.
- Discuss parentage and pre-birth orders with a local attorney.
- Check the requirements of their home country for the baby’s documents and return travel.
- Consider the quality and accessibility of fertility, obstetric and newborn care.
- Review the agreement independently before signing.
The Surrogate’s Rights Also Matter
A well-planned surrogacy journey should protect the intended parents and the gestational carrier.
The carrier should have independent legal representation and appropriate medical and psychological counseling. She should also be able to make informed decisions about her own healthcare. ASRM recommends independent legal representation and informed consent for gestational-carrier arrangements.
For intended parents, respecting these protections is not just a legal formality. It is part of building a responsible and transparent surrogacy arrangement.
Final Thoughts
There is no single “U.S. surrogacy law.” The legal pathway can change significantly from one state to another.
For international intended parents, the safest approach is to consider legal eligibility, parentage, medical care and international documentation together rather than choosing a destination based only on cost or availability.
Most importantly, obtain current legal advice before matching, signing an agreement or beginning an embryo-transfer cycle.
Disclaimer: This article provides general educational information and does not constitute legal or medical advice. U.S. surrogacy laws and court practices can change. Intended parents should obtain advice from a qualified reproductive-law attorney and their fertility team based on their individual circumstances.
Ravi Sharma is a self-motivated, successful entrepreneur and has a solid experience in the fertility segment. and he is the director at ARTbaby Global (ARThealthcare). He is a pharmacy graduate with post-graduation in business administration and has 14 years of rich experience in the field of infertility segment. He loves to write about IVF, Surrogacy, and other ART (assisted reproductive technology) news, issues, and updates. He is a Pharmacy graduate (B. Pharm) and M.B.A (marketing).
His most recent success includes the successful launch of the medical tourism company, ARTbaby, which offers treatment options for infertility, egg donation, and surrogacy. He likes spending time with his family and writing about various aspects of IVF surrogacy and donating eggs.