Alabama
Gestational Surrogacy is allowed in Alabama, but only because no statute or case law exists prohibiting it. It is sometimes possible to obtain a pre-birth order in Alabama, if you meet all their guidelines, but it is far easier to do a post-birth adoption by way of a pre-birth consent which becomes effective 5 days post-delivery.

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Alaska
Gestational Surrogacy is permitted in Alaska, but only because no statute or case law exists prohibiting it. Courts will grant pre-birth parentage orders. However, there are many variables regarding surrogacy in Alaska. Proceed with caution.

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Arizona
Arizona law prohibits all surrogacy agreements, rendering surrogacy contracts unenforceable (see Arizona Revised Statute 25-218). However, although contracts are unenforceable, gestational surrogacy is still practiced in the state of Arizona. Currently, courts will grant a pre-birth order (PBO), but the surrogacy contract remains unenforceable. Proceed with caution.

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Arkansas
Gestational Surrogacy is allowed in Arkansas, with stipulations. Your results may vary depending on such factors as marital status, sexual orientation, and biological relationship to the child.

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California
Gestational Surrogacy is fully permitted and allowed in California. Gestational surrogacy agreements are enforceable. Pre-birth orders are easily obtainable.

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Colorado  
Gestational Surrogacy is allowed in Colorado, as no direct law prohibits surrogacy. However, some restrictions apply by county.

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Connecticut  
Gestational Surrogacy is fully permitted and allowed in Connecticut. Gestational surrogacy agreements are enforceable. Pre-birth orders are easily obtainable.

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Delaware
Gestational Surrogacy is fully permitted in Delaware. Gestational surrogacy agreements are valid and enforceable.

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District of Columbia  
As of April 2017, District of Columbia now fully permits surrogacy agreements. Court parentage orders cannot be issued until 48 hours after the birth.

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Florida
Gestational Surrogacy is permitted in Florida, for married couples only. All other Intended Parents will need to take extra legal steps to establish parentage rights.

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Georgia  
Gestational Surrogacy is permitted in Georgia because there is no published case law or statute that prohibits it. However, certain restrictions apply.

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Hawaii
Gestational Surrogacy is permitted in Hawaii. However, only post-birth parentage orders are granted. This may require extra legal steps.

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Idaho
Gestational Surrogacy is allowed in Idaho because there are no statutes or laws that prohibit it. However, the non-biological parent must adopt the child in order to be recognized as the legal parent. Additionally, only post-birth parentage orders are granted. This may require extra legal steps.

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Illinois
Gestational Surrogacy is permitted and recognized as legal in Illinois. There are certain regulations that apply by county.

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Indiana  
Gestational surrogacy agreements in Indiana are void and unenforceable. However, despite the unenforceability of surrogacy contracts, gestational surrogacy continues.

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Iowa  
Surrogacy in Iowa is unclear, but seems to be allowed. As of Feb 16, 2018, gestational surrogacy agreements are enforceable. However, only post-birth orders are issued. Individual restrictions may apply. Proceed with caution.

 

Kansas  
Gestational Surrogacy is allowed in Kansas. There are no direct laws for or against surrogacy within the state of Kansas.

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Kentucky  
Gestational Surrogacy is permitted in Kentucky because there are no state mandates or case law that prohibits it. However, certain restrictions apply by county.

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Louisiana
Gestational Surrogacy is allowed in Louisiana. However, the surrogacy bill that took effect on Aug 2016 restricts gestational surrogacy to heterosexual married couples using their own gametes and prohibits compensation. Therefore, this prohibits commercial surrogacy in Louisiana. Proceed with extreme caution.

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Maine 
Gestational Surrogacy is fully permitted and allowed in Maine. Gestational surrogacy agreements are enforceable.

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Maryland 
Maryland is considered a surrogacy-friendly state. Gestational Surrogacy is fully permitted and allowed in Maryland.

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Massachusetts  
Gestational Surrogacy is fully permitted by case law in Massachusetts. Some restrictions apply by county.

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Michigan 
Michigan prohibits paid surrogacy. All surrogacy agreements are prohibited and unenforceable. Additionally, surrogacy contracts for compensation are subject to criminal penalties within the state of Michigan.

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Minnesota 
Gestational Surrogacy is permitted in Minnesota because there is no case law or state mandate that prohibits it. However, certain restrictions may apply.

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Mississippi  
Gestational surrogacy is permitted in Mississippi. However, certain restrictions and individual results may vary.

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Missouri  
Gestational Surrogacy is allowed in Missouri. However, Missouri only issues post-birth adoption orders. Parents may request a hearing regarding parentage to speed up the post-birth process. Individual results may vary by county.

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Montana 
Gestational Surrogacy is allowed in Montana because there are no explicit laws or mandates that prohibit it. However, as surrogacy is not widely practiced in the state of Montana, there are many unknowns. Proceed with caution.

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Nebraska  
Surrogacy is legal in Nebraska. However, Nebraska surrogacy laws make the contract void and unenforceable. Nebraska laws only permit uncompensated surrogacy. Proceed with extreme caution.

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Nevada 
Nevada is a surrogacy-friendly state. Gestational surrogacy for compensation is fully permitted and allowed in Nevada.

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New Hampshire
Gestational Surrogacy for compensation is fully permitted and allowed in New Hampshire. New Hampshire is considered a surrogacy-friendly state.

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New Jersey  
New Jersey now provides legal protection to new Intended Parents. As of May 2018, New Jersey now recognizes gestational surrogacy agreements as legal and enforceable.

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New Mexico
Gestational Surrogacy is permitted in New Mexico. There are no direct laws regarding surrogacy. The gestational surrogacy agreement is neither expressly prohibited nor permitted.

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New York
Beginning on February 15, 2021, New Yorkers will be legally able to arrange and carry out paid surrogacy agreements.

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North Carolina  
Gestational Surrogacy is allowed in North Carolina. Pre-birth orders are granted, and both Intended Parents can be declared legal parents if at least one parent is genetically related to the child. Other regulations exist.

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North Dakota 
Gestational Surrogacy is permitted in North Dakota. However, abortion for sex selection is illegal.

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Ohio  
Gestational surrogacy agreements are enforceable in Ohio, but restrictions apply.

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Oklahoma  
New legislation in the state of Oklahoma became effective May 15, 2019. This provides for gestational surrogacy agreements to now be enforceable, and pre-birth orders are issued (conditions must be met).

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Oregon
Gestational Surrogacy is fully permitted, and contracts are enforceable. Pre-birth orders are issued and will be recognized in other states.

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Pennsylvania  
Pennsylvania is considered a surrogacy-friendly state. Gestational surrogacy agreements are valid and enforceable.

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Rhode Island  
Rhode Island is considered a surrogacy-friendly state. Gestational surrogacy for compensation is fully permitted and allowed in the state of Rhode Island. Surrogacy is permitted with various limitations.

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South Carolina  
Gestational Surrogacy is allowed in South Carolina, as there are no case laws or mandates that prohibit surrogacy. However, individual results may vary with certain factors.

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South Dakota  
Gestational Surrogacy is allowed in South Dakota, however certain restrictions may apply, and individual results may vary.

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Tennessee  
Gestational Surrogacy is allowed in Tennessee; however, this law pertains to married couples only.

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Texas
Gestational surrogacy is allowed in Texas, with certain restrictions. Individual results may vary by county. Under Texas surrogacy law, the married Intended Parents, not the gestational surrogate, are the legal parents of the child born through surrogacy, if all parties involved entered into the gestational surrogacy agreement at least 14 days before the embryo is transferred to the gestational carrier.

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Utah
Gestational surrogacy is allowed in Utah, however Intended Parents must be married and file with a court to have their gestational surrogacy agreement validated pre-birth. Other restrictions may apply by county.

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Vermont  
Gestational surrogacy is permitted in Vermont, however individual results may vary by county. Traditional surrogacy is not covered by the parentage law, therefore it is treated like adoption.

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Virginia
Gestational surrogacy is permitted in Virginia, with major stipulations. Only Intended Parents who meet all criteria can obtain a pre-birth order. Proceed with caution. Surrogacy with compensation is prohibited by law, with legal consequences involved.

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Washington  
Washington state recently passed the “Uniform Parentage Act,” which took effect in Jan 2019. It legalizes gestational surrogacy for compensation. Gestational surrogacy agreements are now legal and enforceable.

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West Virginia 
Gestational surrogacy for compensation is allowed in West Virginia, however certain restrictions may vary by county.

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Wisconsin
Gestational surrogacy agreements are valid and enforceable, unless contrary to the child’s best interest. Other restrictions may apply by county.
Surrogacy is practiced with many legal obstacles. Proceed with caution.

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Wyoming
Surrogacy law is unclear in Wyoming. There are potential legal hurdles. Laws are inconsistent by county. Proceed with caution. Surrogacy is practiced, but contracts are void and unenforceable. Proceed with extreme caution.