U.S. Surrogacy Laws by State: What Intended Parents and Surrogates Need to Know

Understanding the Legal Landscape of Surrogacy Across the U.S.

Surrogacy is a life-changing journey—but navigating the legal process can feel overwhelming, especially because surrogacy laws differ from state to state, and even from one county to another. That’s why having the right legal guidance is essential. At Wonder Surrogacy California, we’re committed to ensuring every intended parent and surrogate feels informed, protected, and confident. With decades of experience and a trusted network of reproductive attorneys nationwide, we’ve helped thousands of families successfully navigate the legal side of surrogacy.

This guide provides a general understanding—always consult a qualified attorney before starting your journey.

Surrogacy-Friendly States with Strong Legal Protections

• California: Offers pre-birth orders for all IPs regardless of status or genetics.
• Illinois: Allows IPs on birth certificate if one is genetically related.
• New York: CPSA legalizes compensated surrogacy with Surrogate’s Bill of Rights.
• Colorado: Inclusive laws for pre-birth orders under the Colorado Surrogacy Agreement Act.
• Nevada: Allows pre- and post-birth orders; protects all IPs including LGBTQ+.
• Washington: Pre-birth orders enforceable; surrogates limited to 2 journeys.
• New Jersey: Requires evaluations and independent representation for pre-birth orders.
• Connecticut: Parentage orders for all, may require in-person court appearances.

States That Allow Surrogacy with Some Restrictions

• Florida: For married couples; others need genetic link + post-birth order.
• Texas: Pre-birth orders for married IPs; discretionary for others.
• Massachusetts: Pre-birth orders via case law, judge dependent.
• Pennsylvania: No statute but pre-birth orders common; varies by county.
• Georgia, Maryland, Minnesota: Permitted via practice/case law; may require extra steps.

States With Legal Ambiguities or Extra Requirements

• Virginia: Statute exists but lengthy; post-birth route preferred.
• Indiana: Surrogacy contracts void for traditional; gestational widely practiced.
• Arizona: Contracts invalidated by law, but parentage still granted.
• Hawaii & Alaska: Surrogacy practiced; court appearances and genetic links may be needed.

Recent Legal Advances

• Idaho: Since July 2023, Gestational Agreements Act allows enforceable contracts and orders.
• Iowa: Two-step parentage process; father listed at birth, second parent added later.

States to Approach with Caution

Caution is advised in states where:

• Surrogacy contracts are unenforceable
• Parentage orders are not guaranteed
• Laws are outdated or conflicting (e.g., Alabama, North Carolina, Arkansas)

Always consult a legal expert familiar with that state’s reproductive laws.

Why Legal Support Matters

At Wonder Surrogacy California, we partner with attorneys across the U.S. to ensure every journey is legally protected. Legal teams assist with:

• Drafting and validating gestational carrier agreements
• Obtaining parentage orders
• Complying with state-specific statutes
• Assisting with hearings and post-birth processes

Final Thoughts

Surrogacy is an incredible path to family-building. Understanding the legal framework is crucial. Whether you're starting or exploring the best states for your journey, Wonder Surrogacy California is here to support you every step of the way. We stay up to date with legal developments—so you can focus on what truly matters: bringing your baby home.