Understanding State Surrogacy Laws

The moment you find a surrogate match can be a life-changing experience. It’s one of the most important decisions you’ll make in the process.

After all, this is the person you’re trusting to fulfill your dreams of becoming parents. How can you find the right surrogate? We’re here to help guide you through finding the right surrogate based on the state you live in.

If you have any questions about finding the right match, then contact a surrogacy professional now to receive personalized support.

Finding a Surrogate in Alabama

In Alabama, there are no specific laws addressing surrogacy. As such, it operates in a legal gray area. It’s crucial to draft comprehensive agreements to ensure all parties are protected. Pre-birth orders are generally accepted, but post-birth adoption might be more efficient in some cases.

Finding a Surrogate in Alaska

Alaska also doesn’t have specific laws related to surrogacy. It’s essential to work closely with a legal professional familiar with surrogacy agreements in the state. Both gestational and traditional surrogacies are practiced, with pre-birth orders typically filed in the judicial district that covers Anchorage.

Finding a Surrogate in Arkansas

Arkansas has fairly supportive surrogacy laws. Intended parents can work with surrogacy agencies and legal professionals to help them find a surrogate. Since 2017, Arkansas Vital Statistics names both parents on the birth certificate regardless of gender as long as the couple is married.

Finding a Surrogate in Arizona

In Arizona, compensated surrogacy agreements are considered unenforceable. Although surrogate contracts are unenforceable, gestational surrogacy continues to be practiced. Some attorneys won’t prepare surrogacy agreements, while others prepare letters of understanding about their unenforceability. A legal expert can help you navigate the complexities of the state’s stance on the matter.

Finding a Surrogate in California

California is known for its surrogacy-friendly laws. Both gestational and traditional surrogacy is legal, with comprehensive case law and statutes that support the rights of all parties involved. Pre-birth orders are typically granted regardless of marital status or sexual orientation but don’t become effective until the moment of birth.

Finding a Surrogate in Connecticut

Connecticut is another surrogacy-friendly state with well-established laws. Intended parents can work with agencies and attorneys to find a surrogate, knowing that the state protects their rights. Pre-birth orders are granted in this state and intended parents would be recognized as the child’s parents.

Finding a Surrogate in Delaware

Delaware law explicitly supports gestational surrogacy as long as the requirements are met, ensuring the rights of intended parents are protected. Traditional surrogacy, however, is not as clearly defined, making it essential to consult with a legal expert when finding a surrogate in the state.

Finding a Surrogate in Florida

In Florida, gestational surrogacy is permitted, and laws are in place to protect the rights of intended parents. However, only married couples can enter into a gestational surrogacy contract. Traditional surrogacy is also legal but operates under a different set of guidelines and is subject to a 48-hour revocation period.

Finding a Surrogate in Georgia

Georgia does not have explicit laws regulating surrogacy, so it largely relies on established legal precedents. Generally, surrogacy is permitted, but it’s crucial to navigate the process of finding a surrogate with the help of experienced professionals to create solid agreements and establish parental rights.

Finding a Surrogate in Hawaii

Hawaii does not have specific surrogacy laws, making it vital to establish clear agreements and consult with a surrogacy professional or attorney to navigate finding a surrogate smoothly. Pre-birth orders are typically granted, and both gestational and traditional surrogacies are practiced.

Finding a Surrogate in Idaho

Idaho recently passed a new house bill effective July 1^st, 2023 that permits gestational surrogacy and recognizes intended parents as the child’s sole legal parents. As such, individuals usually proceed with gestational surrogacy with the help of legal counsel to draft comprehensive agreements and secure pre-birth orders when possible.

Finding a Surrogate in Illinois

Illinois is known for having surrogacy-friendly laws through the Gestational Surrogacy Act. Intended parents, including single individuals and couples of all sexual orientations, can establish legal parentage. Pre-birth orders are not required and intended parents can bypass the court and go straight to Vital Records to obtain a birth certificate.

Finding a Surrogate in Indiana

In Indiana, surrogacy contracts are void and unenforceable. Some courts have decided to grant pre-birth orders for intended parents. While there are no specific laws prohibiting surrogacy, the legal process can be intricate, making it crucial to have an experienced attorney guide through the arrangements and establishment of parental rights.

Finding a Surrogate in Iowa

Iowa is permissive toward surrogacy and does not have laws that prohibit the practice. However, the legal intricacies of establishing parental rights, especially through pre-birth orders, necessitate a professional’s guidance to protect all parties’ interests. When you’re looking to find a surrogate, know that surrogacy contracts are enforceable in Iowa.

Finding a Surrogate in Kansas

Kansas does not have clear laws regulating surrogacy, making it essential for intended parents and surrogates to work closely with a specialized attorney. The state typically honors gestational surrogacy agreements and permits surrogacy, but having a thorough contract and plan is vital when you find a surrogate to work with.

Finding a Surrogate in Kentucky

Finding a surrogate in Kentucky is permitted, but it has specific regulations. Intended parents can find a surrogate with the help of surrogacy agencies and attorneys who understand Kentucky’s legal landscape. Pre-birth orders are typically granted unless you’re an unmarried couple using an egg and sperm donor.

Finding a Surrogate in Louisiana

Louisiana restricts gestational surrogacy to heterosexual married couples who use their own gametes and places heavy requirements on these arrangements. Compensated surrogacy is prohibited in Louisiana. Prospective parents should consult with surrogacy professionals and attorneys familiar with Louisiana’s laws to find a surrogate.

Finding a Surrogate in Maine

Maine is a surrogacy-friendly state with clear legal guidelines. Intended parents can collaborate with surrogacy agencies and legal experts to find a surrogate while ensuring legal compliance. Pre-birth orders are granted in almost every county to help you find a surrogate through an agency with ease.

Finding a Surrogate in Maryland

Maryland permits gestational surrogacy under case-law and the state has favorable legal regulations surrounding the process. Intended parents are able to secure a pre-birth order. Surrogacy agencies and attorneys can help intended parents find a surrogate while ensuring their rights are protected.

Finding a Surrogate in Massachusetts

Massachusetts is a surrogacy-friendly state with well-established legal protections for intended parents and surrogates. Surrogacy agencies and experienced attorneys can help you through the process of finding a surrogate. Pre-birth orders are legal in the state making it easier to embark on your surrogacy journey.

Finding a Surrogate in Michigan

The Michigan Surrogate Parenting Act makes surrogacy contracts, agreements and arrangements void and unenforceable. Compensated surrogacy agreements can result in criminal penalties. Intended parents should consult with surrogacy professionals and legal experts to find a surrogate and ensure compliance with state regulations.

Finding a Surrogate in Minnesota

Minnesota has supportive surrogacy laws that protect the interests of all parties involved. It’s permitted for you to pursue gestational surrogacy because there are no laws prohibiting it. Intended parents can work with surrogacy agencies and attorneys to find a surrogate while navigating the legal framework.

Finding a Surrogate in Mississippi

Mississippi permits surrogacy, but it’s crucial to adhere to specific legal requirements. Pre-birth orders are granted and both intended parents can be declared legal parents in the pre-birth order. Surrogacy agencies and knowledgeable attorneys can assist intended parents in finding a surrogate while complying with state laws.

Finding a Surrogate in Missouri

Missouri is a surrogacy-friendly state with clear legal guidelines. The courts permit a pre-birth order to be filed before birth but also require orders to be filed until after birth. Intended parents can collaborate with surrogacy agencies and legal professionals to find a surrogate and ensure their rights are upheld.

Finding a Surrogate in Montana

Montana allows surrogacy, but the legal landscape is less defined. When it comes to pre-birth orders, the courts allow these orders to be filed. Intended parents should consult with surrogacy professionals and attorneys experienced in Montana’s surrogacy laws to find a suitable surrogate.

Finding a Surrogate in Nebraska

Nebraska permits surrogacy, though compensated contracts are void and unenforceable. Nebraska only permits uncompensated surrogacy with the contract being unenforceable. Prospective parents can seek guidance from surrogacy agencies and attorneys familiar with Nebraska’s legal framework to find a surrogate.

Finding a Surrogate in Nevada

Nevada has surrogacy-friendly laws and protections in place for intended parents and surrogates. The state permits surrogacy and pre-birth parentage rights are granted for intended parents. Surrogacy agencies and legal experts can always help you find a surrogate while ensuring legal compliance.

Finding a Surrogate in New Hampshire

New Hampshire is a surrogacy-friendly state with well-established legal regulations. Pre-birth parentage orders are granted and intended parents can be declared legal parents if at least one parent is genetically related to the child.  Intended parents can work with surrogacy agencies to find a surrogate, knowing their rights are protected.

Finding a Surrogate in New Jersey

The New Jersey Gestational Carrier Agreement Act permits surrogacy and provides enforceable gestational carrier agreements and pre-birth orders under certain circumstances. Surrogacy agencies and experienced attorneys can help intended parents find a surrogate while ensuring compliance with state laws and regulations.

Finding a Surrogate in New York

New York recently lifted its ban on compensated surrogacy, with the Child-Parent Security Act (CPSA) taking effect in February 2021. This act allows intended parents to enter into enforceable gestational surrogacy agreements and easily establish legal parentage. Courts will grant pre-birth orders but the orders won’t be effective until birth.

Finding a Surrogate in New Mexico

New Mexico has a statute in place stating that gestational surrogacy agreements are neither permitted nor prohibited. With clear legal regulations in place, intended parents can confidently seek the assistance of surrogacy agencies and attorneys to find a surrogate in the state.

Finding a Surrogate in North Carolina

North Carolina permits surrogacy, but it has specific requirements and regulations. Pre-birth parentage orders are typically granted but there are nuances to whether both intended parents can be declared the legal parents. Prospective parents should consult with surrogacy professionals experienced in the state’s surrogacy laws to find a suitable surrogate.

Finding a Surrogate in North Dakota

North Dakota allows surrogacy but has limited statutory guidance. This means that a child born with a gestational carrier is the child of the intended parents for all intents and purposes. Prospective parents can seek assistance from surrogacy agencies to find a surrogate while ensuring compliance with state regulations.

Finding a Surrogate in Ohio

Ohio is a surrogacy-friendly state with supportive legal regulations stating that gestational surrogacy is not against public policy. Surrogacy agreements are enforceable but restrictions apply. Surrogacy agencies and attorneys can facilitate the process of finding a surrogate while ensuring that all parties’ rights are protected.

Finding a Surrogate in Oklahoma

Oklahoma permits surrogacy and allows enforceable gestational carrier agreements and pre-birth orders under certain conditions. Pre-birth orders are allowed, but the gestational carrier agreement must be validated. Intended parents should consult with surrogacy professionals and attorneys familiar with Oklahoma’s legal framework to find a suitable surrogate in the state.

Finding a Surrogate in Oregon

Oregon has clear surrogacy laws that protect the interests of intended parents and surrogates. Surrogacy is permitted in the state because there are no statutes that prohibit it. Prospective parents can collaborate with surrogacy agencies and legal experts to find a surrogate while navigating the state’s legal requirements.

Finding a Surrogate in Pennsylvania

Pennsylvania is a surrogacy-friendly state with established legal protections. The courts struck down a court’s decision that established the gestational carrier as the legal mother. This allowed gestational surrogacy to grow in the state. Surrogacy agencies can assist intended parents in finding a surrogate while ensuring their rights are upheld.

Finding a Surrogate in Rhode Island

Rhode Island allows surrogacy under the Uniform Parentage Act, and the state has favorable legal regulations. Pre-birth parentage orders only if at least one intended parent is a U.S. resident. Surrogacy agencies and attorneys can help intended parents find a surrogate, knowing that their rights are protected.

Finding a Surrogate in South Carolina

South Carolina permits surrogacy as there is no statute that prohibits it, but the legal landscape can be intricate. You can always seek guidance from surrogacy agencies and attorneys experienced in South Carolina’s surrogacy laws to find a suitable surrogate.

Finding a Surrogate in South Dakota

South Dakota permits surrogacy, though it has limited statutory guidance. You should always consult with surrogacy professionals and attorneys familiar with South Dakota’s legal framework to find a suitable surrogate. The state’s supportive community can assist in navigating the process.

Finding a Surrogate in Tennessee

In Tennessee, gestational surrogacy contracts are neither allowed nor disallowed. Under this law, the surrogate will be named as the mother on the birth certificate unless the parents use their own egg and sperm. You can navigate this journey with surrogacy agencies to find a surrogate while ensuring legal compliance.

Finding a Surrogate in Texas

Texas has surrogacy-friendly laws that offer protection to intended parents and surrogates. Pre-birth orders can be granted as long as it’s validated before birth. Surrogacy agencies and legal experts can simplify the process of finding a surrogate, making it easier to navigate when pursuing surrogacy in the Lone Star State.

Finding a Surrogate in Utah

Utah permits surrogacy, though it has specific legal requirements. Pre-birth orders are typically granted and need to be validated before birth. You can seek assistance from surrogacy agencies and attorneys experienced in Utah’s surrogacy laws to find a suitable surrogate. The state’s legal framework ensures a secure surrogacy journey.

Finding a Surrogate in Vermont

Vermont is a surrogacy-friendly state with well-defined legal regulations. Pre-birth parentage orders are granted and both intended parents can be declared the legal parents. You can work with surrogacy agencies and attorneys to find a surrogate, knowing your rights are protected. Vermont offers a supportive environment for surrogacy arrangements.

Finding a Surrogate in Virginia

In Virginia, gestational surrogacy is permitted only if intended parents meet a strict set of guidelines. Pre-birth orders aren’t granted and the gestational carrier must wait until four days after birth to give consent. Surrogacy agencies can help you find a surrogate while ensuring legal requirements are met.

Finding a Surrogate in Washington

Washington permits surrogacy and grants pre-birth orders, but the state has clear legal guidelines in place. You can always work with surrogacy agencies and legal experts to find a surrogate while navigating the state’s legal framework, making the process straightforward.

Finding a Surrogate in West Virginia

West Virginia allows surrogacy and grants pre-birth orders, though regulations can be complex. Intended parents should consult with surrogacy professionals and attorneys experienced in West Virginia’s legal framework to find a suitable surrogate. The state’s legal support ensures a secure surrogacy journey.

Finding a Surrogate in Wisconsin

Wisconsin is a surrogacy-friendly state with established legal protections. The court concluded that surrogacy contracts are enforceable unless it isn’t in the child’s best interest. Surrogacy agencies can help you find a surrogate while ensuring your rights are respected. Wisconsin provides a supportive environment for surrogacy arrangements.

Finding a Surrogate in Wyoming

Wyoming permits surrogacy, but only if both intended parents have been residents of Wyoming for at least one year prior to executing their agreement. Prospective parents can seek assistance from surrogacy agencies to find a surrogate while ensuring compliance with state regulations.