Surrogacy law is evolving rapidly. New York legalized gestational surrogacy in 2021. Washington updated its Uniform Parentage Act in 2019. Always check current law with your attorney when you apply. The information below is accurate as of April 2026 based on our research but should be verified.
Three categories of state surrogacy law
States fall into roughly three buckets:
- Strong statutory framework — explicit statute permitting gestational surrogacy with pre-birth orders. Most protective for surrogates and intended parents. Examples: California, Illinois, Nevada, Washington, Texas.
- Case law or routine practice — no explicit statute but courts routinely handle surrogacy via established precedent. Examples: Florida, Georgia, Ohio, Pennsylvania, Virginia, Maryland.
- Restricted or unclear — surrogacy is prohibited, contracts are unenforceable, or the legal path is unclear. Examples: Michigan, Louisiana, Nebraska.
Strong statutory states
California
Framework: Family Code § 7960-7962 explicitly permits gestational surrogacy. Pre-birth orders routine since the 1993 Johnson v. Calvert case.
Legal process: Pre-birth order filed around 20 weeks gestation. Issued before delivery. Hospital treats intended parents as legal parents from birth.
Intended parent types: All — heterosexual married, same-sex married, unmarried couples, single parents. Most inclusive in the US.
Notes: California is the gold standard. Deepest intended parent pool, highest compensation, smoothest legal process.
Illinois
Framework: Gestational Surrogacy Act (750 ILCS 47). Pre-birth orders explicitly available.
Legal process: Similar to California — pre-birth order established during pregnancy, intended parents are legal parents at birth.
Intended parent types: Married couples and single intended parents.
Nevada
Framework: Nevada Revised Statutes Chapter 126 explicitly permits gestational surrogacy. Routine pre-birth orders.
Legal process: Clear statutory framework similar to California.
Washington
Framework: Uniform Parentage Act updated in 2019 to explicitly include gestational surrogacy. Pre-birth orders available.
Legal process: Streamlined since the 2019 update. Gestational carrier agreements are enforceable.
Texas
Framework: Texas Family Code Chapter 160 explicitly recognizes gestational surrogacy agreements.
Legal process: Unique court pre-approval requirement — the contract must be approved by a court before embryo transfer. Adds 4-8 weeks but creates strong protection.
Intended parent types: Statutory protection only for married intended parents. Unmarried couples use alternative legal paths.
New Hampshire, Maine, Connecticut, New Jersey
All have statutory frameworks permitting gestational surrogacy with varying degrees of specificity. Pre-birth orders available in most cases.
Vermont, Rhode Island, Delaware
Gestational surrogacy permitted with court orders. Relatively straightforward.
Case law and routine practice states
Florida
Framework: Florida Statutes § 742.15 recognizes gestational surrogacy contracts between married intended parents.
Legal process: Court-established parental rights after contract signing. Routine in Florida family courts.
Georgia
Framework: No explicit statute, but courts routinely issue parentage orders based on established case law.
Legal process: Pre-birth or post-birth orders available through county courts. Well-practiced.
Ohio
Framework: Case law supports gestational surrogacy. No explicit statute.
Legal process: Pre-birth orders available through probate or domestic relations courts.
Pennsylvania
Framework: Case law supports gestational surrogacy. No explicit statute but strong precedent.
Legal process: Pre-birth orders routinely granted.
Virginia
Framework: Assisted Conception Act explicitly recognizes surrogacy arrangements.
Legal process: Court order process established by statute.
Maryland
Framework: Gestational surrogacy permitted through case law and routine court practice.
North Carolina, South Carolina, Tennessee, Kentucky
Gestational surrogacy practiced routinely with adoption or court order after birth. Pre-birth orders available in some cases.
Colorado, Oregon, Arizona, New Mexico
Statutory or strong case law support for gestational surrogacy. Pre-birth orders typically available.
Restricted or prohibited states
Michigan
Framework: Surrogate Parenting Act (1988) makes all surrogacy contracts — gestational and traditional — void and unenforceable. Felony penalties for commercial surrogacy.
Impact: You cannot legally be a compensated surrogate in Michigan. Altruistic (uncompensated) surrogacy is possible but rare. Our partner agencies don't operate in Michigan.
Louisiana
Framework: Louisiana Revised Statute § 9:2713 explicitly bans traditional surrogacy. Gestational surrogacy is restricted to married heterosexual couples with medical necessity.
Impact: Limited to very specific circumstances. Our partner agencies don't operate in Louisiana.
Nebraska
Framework: Nebraska Revised Statute § 25-21,200 makes surrogacy contracts void and unenforceable.
Impact: Surrogacy contracts aren't legally enforceable in Nebraska. Our partner agencies don't operate in Nebraska.
New York (traditional surrogacy only)
Framework: New York legalized gestational surrogacy in 2021 with the Child-Parent Security Act. Traditional surrogacy remains prohibited.
Impact: Gestational surrogacy is now legal in New York, but our partner agencies don't currently operate there. Separate agencies handle New York surrogacy.
See which states we serve
Our quiz tells you immediately whether a partner agency covers your state and what the legal process looks like.
Check coverage →Pre-birth orders: the key legal mechanism
A pre-birth order is a court order issued during the pregnancy that establishes the intended parents as the legal parents before the baby is born. It's the most protective legal mechanism for everyone involved. Here's how it works and where it's available:
How pre-birth orders work
- Around 20 weeks gestation, the intended parents' attorney files a petition in the county where the baby will be born (or where the intended parents live).
- The petition includes the surrogacy contract, medical records confirming the pregnancy, and affidavits from the surrogate and intended parents.
- The court reviews and (in states where this is routine) issues an order naming the intended parents as the legal parents.
- The hospital is notified of the order before delivery.
- At birth, the hospital treats the intended parents as the legal parents from the moment of delivery. The baby's birth certificate names them as parents.
States where pre-birth orders are routine
- California, Illinois, Nevada, Washington, Connecticut, New Hampshire, Delaware
- Most of Florida, Georgia, Ohio, Pennsylvania, Virginia (county-dependent)
- New Jersey, Maine, Vermont, Rhode Island
States where post-birth orders or step-parent adoption are used
In some states, parental rights are established after the baby is born. The intended parents either complete a second-parent adoption or obtain a post-birth order. This works but adds complexity and delay.
- Arizona, New Mexico, Colorado, Oregon
- Tennessee, Kentucky, North Carolina, South Carolina
Why state law matters to you
State law affects:
- Which agencies serve you. Partner agencies won't operate in restricted states.
- The legal timeline. Pre-birth order states are faster; post-birth states add 1-3 months.
- Your legal protection. Statutory states offer the strongest protection. Case-law states are mostly fine but less predictable.
- Intended parent pool. Strong-framework states attract more IPs, meaning faster matching.
If you live in a restricted state, your options are either to pursue surrogacy with a specific out-of-state legal arrangement (complex, not something we facilitate) or to move. Moving states to become a surrogate isn't something we recommend.