Surrogacy in the United States

Surrogacy laws around the country

Becoming a gestational surrogate is a life-changing experience that requires a significant amount of time, energy, and physical commitment. You will be entrusted to carry a child for another family. Although there are no federal surrogacy laws in the United States, agencies around the country follow similar protocols to ensure the health and emotional safety of both surrogates and intended parents.

Surrogacy-friendly States

In surrogacy-friendly states, surrogacy is either specifically permitted by law or there is no law prohibiting it, and established, legal processes exist to establish parental rights. Unfortunately, not all states have equal rights for different types of parents. Some allow only married couples and some do not allow same-sex couples or single parents. Pre-birth and post-birth orders vary from state to state as well.

States that are not surrogacy-friendly

States that could present legal issues for people pursuing surrogacy are Arizona, Idaho, Indiana, Tennessee, Virginia, and Wyoming. States where surrogacy is severely restricted and even criminalized are Louisiana, Michigan, and Nebraska. It is highly recommended NOT to pursue surrogacy in these states.



Get the Medium app

A button that says 'Download on the App Store', and if clicked it will lead you to the iOS App store
A button that says 'Get it on, Google Play', and if clicked it will lead you to the Google Play store