Now accepting new surrogate applications in California—See if you qualify →
Surrogacy Lawsby State
What Intended Parents and Surrogates Need to Know
There is no federal surrogacy law in the United States. The state where your surrogate carries and delivers determines everything — from legal parentage to whether your name goes on the birth certificate at birth.
If you are an intended parent researching where to pursue surrogacy, or a woman considering becoming a surrogate, understanding surrogacy laws by state is not optional. It's the single most important factor in protecting everyone involved.
This guide breaks down surrogacy laws across all 50 states as of 2026, organized by what matters most: which states protect you, which create legal uncertainty, and why California continues to set the standard.
MUSA's founder, Samantha Giermek, is a former surrogate herself. She built the agency in California because she experienced firsthand what strong legal protections mean for a surrogate and the family she carried for. That perspective shapes everything we do, including this guide.
This article is educational, not legal advice. We always recommend working with an independent reproductive law attorney for your specific situation.
Legal Framework
What Makes a State “Surrogacy-Friendly”?
Not all surrogacy laws are created equal. A surrogacy-friendly state actively supports gestational surrogacy with clear protections for both intended parents and surrogates.
Pre-Birth Parentage Orders
The court establishes legal parentage before the baby is born. Both intended parents' names go on the birth certificate at birth.
Compensated Surrogacy Is Legal
The surrogate receives fair compensation for her time, commitment, and the physical demands of pregnancy.
Agreements Are Enforceable
Contracts between intended parents and surrogates are recognized and upheld by the courts.
Independent Legal Counsel
The surrogate has her own attorney reviewing every agreement, protecting her interests and autonomy.
No Genetic Connection Required
Intended parents don't need a biological link to the child for the court to establish parentage.
Full Legal Protection
When a state checks all these boxes, the surrogacy process is predictable, legally sound, and safe for everyone.
The Legal Landscape
Is Surrogacy Legal in All 50 States?
Technically, surrogacy isn't outright illegal in most states. But “not illegal” and “legally protected” are two very different things.
Only about 14 states have clear, comprehensive surrogacy statutes that fully protect intended parents and surrogates. Another group allows surrogacy with restrictions or on a case-by-case basis. And a small number still prohibit compensated surrogacy or refuse to enforce surrogacy agreements.
That is why where your surrogacy takes place — specifically where the surrogate lives and delivers — determines your legal experience more than almost anything else.
Surrogacy-Friendly States
These states have clear statutes or well-established case law supporting gestational surrogacy for all intended parents. Pre-birth parentage orders are available, and compensated surrogacy is legal.
California
#1 RankedThe Gold Standard in Surrogacy Law
California is widely recognized as the most surrogacy-friendly state in the country, and it has been for over 30 years.
The foundation starts with landmark case law. Johnson v. Calvert (1993) established that the intended parents, not the gestational carrier, are the legal parents. Buzzanca v. Buzzanca (1998) extended that protection to intended parents with no genetic connection. These cases, combined with AB 1217 (2013) and the California Parentage and Surrogacy Act, created one of the most comprehensive surrogacy legal frameworks in the world.
Starting January 1, 2026, SB 729 also requires large-group employer health plans in California to cover fertility treatments including IVF, which reduces costs for some intended parents pursuing surrogacy.
MUSA's All-California Model
Every surrogate working with Made in the USA Surrogacy is a California resident. That means every surrogacy journey benefits from California's legal protections, regardless of where the intended parents live.
Read more about California surrogacy laws| State | Pre-Birth Order | Compensated | Key Notes |
|---|---|---|---|
| California | Gold standard. 30+ years of case law. All IP types. | ||
| Connecticut | Comprehensive statute since 2021. | ||
| Colorado | Updated parentage act. Strong protections. | ||
| Delaware | Gestational carrier act since 2013. | ||
| District of Columbia | Legalized compensated surrogacy in 2017. | ||
| Illinois | Gestational Surrogacy Act since 2005. | ||
| Maine | Updated parentage act. | ||
| Maryland | Surrogacy statute since 2023. | ||
| Nevada | Updated healthcare maternity coverage for surrogates. | ||
| New Hampshire | Gestational carrier statute. | ||
| New Jersey | Legalized after 2018 statute. | ||
| New York | Child-Parent Security Act, effective 2021. | ||
| Oregon | Permits surrogacy via case law and statute. | ||
| Vermont | Uniform Parentage Act adopted. | ||
| Washington | Uniform Parentage Act, effective 2019. |
For Intended Parents
If your surrogate lives and delivers in one of these states, you can expect a straightforward legal process. Your attorney will file for a pre-birth parentage order, and both parents' names will appear on the birth certificate at birth.
For Surrogates
You will have independent legal counsel reviewing your agreement. The pre-birth order confirms that you are not a legal parent, protecting you from any post-birth legal obligations. Your compensation is legally protected and enforceable.
States with Conditional or Evolving Surrogacy Laws
These states allow surrogacy but with significant conditions. Pre-birth orders may not be available in all counties, may require a genetic connection, or may depend on marital status.
| State | Status | Key Conditions |
|---|---|---|
| Arkansas | Permitted | Statute requires at least one genetic parent. |
| Florida | Permitted | Pre-birth order available but governed by specific statute requirements. |
| Michigan | Newly legal | Legalized gestational surrogacy in 2024 (HB 5207). Regulations still developing. |
| Massachusetts | Permitted | Updated surrogacy framework in recent sessions. Case-by-case in some counties. |
| North Dakota | Permitted | Statute allows gestational carrier agreements. |
| Ohio | Permitted | No specific statute, but courts generally uphold surrogacy agreements. |
| Pennsylvania | Permitted | No specific statute. Courts have been favorable in practice. |
| Tennessee | Case-by-case | No statute. Court outcomes vary by county. |
| Texas | Permitted | Gestational carrier agreement statute (Chapter 160). Requires genetic connection from at least one IP. |
| Utah | Permitted | Gestational agreement statute with specific requirements. |
| Virginia | Permitted | Statute permits surrogacy with court pre-approval process. |
| Wisconsin | Case-by-case | No specific statute. Courts have recognized surrogacy agreements. |
In practice: Surrogacy is possible in these states, but the legal process is less predictable. Some require a genetic connection. Some only grant post-birth parentage orders. In states without a specific statute, outcomes can depend on the individual judge. An experienced reproductive law attorney is essential.
States Where Surrogacy Is Restricted or Prohibited
Nebraska
Prohibits compensated surrogacy. Uncompensated (altruistic) surrogacy arrangements may be possible but lack statutory protection.
Louisiana
Prohibits compensated surrogacy contracts. Only recognizes gestational carrier agreements between married intended parents where at least one parent has a genetic connection.
Arizona
Previously prohibited surrogacy contracts entirely. SB 1330 (2023) permits gestational surrogacy under specific conditions, but the legal landscape is still developing.
Indiana
Restrictive case law. Surrogacy agreements have been deemed unenforceable by state courts, though surrogacy itself is not criminally prohibited.
If you live in a restrictive state, you can still pursue surrogacy.
The law that governs your surrogacy is typically the law of the state where the surrogate lives and delivers, not the state where the intended parents live. Many families from restrictive states work with surrogates in California, where every step of the process is legally protected.
Complete Overview
Surrogacy Laws by State: All 50 States at a Glance
This reflects gestational surrogacy only (not traditional surrogacy, which has different legal treatment in most states).
Surrogacy-Friendly
18 statesAlabama, California, Colorado, Connecticut, Delaware, District of Columbia, Idaho, Illinois, Maine, Maryland, Nevada, New Hampshire, New Jersey, New York, North Dakota, Oregon, Vermont, Washington
Permitted with Conditions
29 statesAlaska, Arkansas, Florida, Georgia, Hawaii, Iowa, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, Wyoming
Restricted or Prohibited
4 statesArizona (evolving), Indiana, Louisiana, Nebraska
Note: Surrogacy laws change. Several states updated their statutes in 2024 and 2025, and more legislative activity is expected in 2026 and 2027. The most current legal guidance comes from a reproductive law attorney familiar with your specific state.
Common Question
Cross-State Surrogacy
This is one of the most common questions intended parents ask.
The state where the surrogate lives and delivers is the state whose laws govern the surrogacy — not the state where the intended parents live.
That means an intended parent living in Nebraska, Louisiana, or any other restrictive state can still pursue surrogacy, as long as the surrogate is in a surrogacy-friendly state. This is exactly how many MUSA families work.
What Cross-State Surrogacy Looks Like
- 1
Your surrogate lives in California. She receives prenatal care and delivers at a California hospital.
- 2
Your reproductive attorney files a pre-birth parentage order in California Superior Court.
- 3
The court issues the order. The hospital receives it before delivery.
- 4
At birth, both intended parents are listed on the birth certificate. No post-birth adoption.
- 5
You travel to California for the delivery, take your baby home, and the legal process is complete.
For international intended parents, the process is similar, with additional documentation for citizenship and passport purposes.
Surrogate Protections
How State Laws Protect Surrogates
Strong surrogacy laws don't just protect intended parents. They protect surrogates too — and that matters.
Independent Legal Counsel
The surrogate has her own attorney, separate from the intended parents' attorney, with legal fees paid by the intended parents. This ensures the surrogate fully understands her rights, compensation, and every term of the agreement.
Enforceable Compensation
Base compensation, milestone payments, monthly allowances, and all agreed-upon amounts are held in escrow and disbursed on schedule. This is contractually and legally guaranteed.
Medical Decision-Making Autonomy
California law ensures the surrogate retains medical decision-making authority throughout pregnancy. She chooses her OB and makes decisions about her own healthcare.
Pre-Birth Orders Protect Surrogates Too
The court order confirming the intended parents as legal parents also confirms that the surrogate is not a legal parent, protecting her from any future financial or custodial obligations.
At MUSA, we recommend independent legal counsel for every surrogate. Samantha went through the surrogacy process herself, and she knows how much that legal clarity means.
Setting the Standard
Why California Leads
Many states are surrogacy-friendly. But California is in a category by itself.
30+ Years of Case Law
California's surrogacy legal framework began with Johnson v. Calvert in 1993. Over three decades, courts have built a consistent, predictable body of law. There are no surprises.
Pre-Birth Parentage Orders for All
Regardless of marital status or genetic connection to the child. If you are the intended parent, the court recognizes you as the legal parent before birth.
SB 729 (Effective January 1, 2026)
California now requires large-group employer health plans to cover fertility treatments including IVF. While this does not cover all surrogacy costs, it significantly reduces the IVF and embryo creation portion for eligible families.
Largest Network of Reproductive Professionals
More fertility clinics, reproductive law firms, and surrogacy agencies than any other state. That infrastructure means shorter wait times, more experienced providers, and established processes.
Strongest Surrogate Protections
Independent legal counsel, enforceable compensation, medical autonomy, and clear post-birth legal separation. California law treats the surrogate as a protected participant.
Compensation Reflects the Commitment
California surrogates working with MUSA earn $65,000 or more in base compensation, with experienced surrogates earning significantly more. That compensation is legally enforceable and held in escrow from day one.
This is why Samantha built MUSA in California. And it is why every MUSA surrogate is a California resident, no matter where the intended parents live.
Questions
Frequently Asked Questions
The most common questions from intended parents and surrogates about surrogacy laws across the United States.
Is surrogacy legal in all 50 states?+
Surrogacy is not explicitly illegal in most states, but only about 14 states have comprehensive statutes that fully protect both intended parents and surrogates. In restrictive states like Nebraska and Louisiana, compensated surrogacy is not legal. Most intended parents in restrictive states work with surrogates in surrogacy-friendly states like California.
What is the most surrogacy-friendly state?+
California is widely recognized as the most surrogacy-friendly state. It offers pre-birth parentage orders, enforceable compensated surrogacy agreements, strong surrogate protections, and over 30 years of consistent case law. No other state matches this combination.
Can I pursue surrogacy if I live in a state where it is restricted?+
Yes. The law that governs your surrogacy is typically the law of the state where the surrogate lives and delivers. Many families from restrictive states work with California surrogates to ensure full legal protection.
What is a pre-birth parentage order?+
A pre-birth parentage order is a court order issued before the baby is born that establishes the intended parents as the legal parents. It means their names go on the birth certificate at birth, with no post-birth adoption or additional legal proceedings required.
Do I need a genetic connection to the child for a pre-birth order?+
In California, no. Pre-birth parentage orders are available regardless of genetic connection. This matters for families who need both an egg donor and a surrogate. Some other states require at least one intended parent to have a genetic link to the child.
How does MUSA handle cross-state surrogacy?+
Every MUSA surrogate is a California resident, which means every surrogacy journey takes place under California law, no matter where the intended parents live. Intended parents from across the U.S. and around the world work with MUSA surrogates and benefit from California's full legal protections.
What happens if surrogacy laws change in a state during my journey?+
Surrogacy agreements are typically governed by the law in effect when the agreement is executed. However, this is exactly why working with an experienced reproductive law attorney is essential. They will structure your agreement to account for potential changes and ensure your protections remain in place.
Take the Next Step
What to Do Next
For Intended Parents
Research the state where your surrogate will carry and deliver. Consult with a reproductive law attorney who specializes in surrogacy. If legal certainty matters to you, California is the standard.
Schedule a Free ConsultationFor Surrogates
Understand the protections available to you. California offers the strongest legal framework in the country, including independent legal counsel, enforceable compensation, and medical decision-making autonomy.
See If You QualifyReady to Start Your Journey?
Whether you want to help create a family or grow your own, we are here to guide you every step of the way.
