Gestational surrogacy is an exciting and highly successful way to build your family. Unfortunately, surrogacy laws can vary from state to state, meaning surrogates and intended parents in certain U.S. states experience complexities and challenges posed by legal, medical, and logistical barriers.
There are no federal regulations on surrogacy, and state laws on surrogacy differ between states. Some states are more surrogacy-friendly (such as California), and others are less accommodating (like Arizona).
State surrogacy laws contribute to the modeling of the legal surrogacy process. Because of this, both surrogates and intended parents should look for surrogacy-friendly states with a supportive legal framework.
Let’s cover the best states for surrogacy in 2026, for both gestational carriers and intended parents.
Is Surrogacy Legal in All 50 States?
No. Gestational surrogacy is not legal in every state. Individual states set their own rules on surrogacy agreements and compensation, which creates real variation across the country. Most states permit surrogacy in some form, but the legal protections, requirements, and level of risk differ significantly depending on where you live or where your surrogate lives.
Louisiana is currently the only state where compensated surrogacy is illegal across the board.
How We’ve Tiered the States in Terms of Surrogacy-Friendliness
Every state in this guide is placed into one of four categories, based on how consistently surrogacy works in practice there: Friendly, Accommodating, Less Friendly, or Prohibited. Three factors decide where a state lands.
The first is whether pre-birth orders are granted consistently. A pre-birth order names the intended parents as legal parents before the baby is born, which avoids delays at the hospital and on the birth certificate.
The second is whether both intended parents can be named on the birth certificate without an additional post-birth adoption. In some states, a non-genetic parent still needs to complete a separate adoption process even after a successful surrogacy arrangement.
The third is whether conditions apply, such as a requirement that intended parents be married, that one party reside in the state, or that the case be filed in a specific county. States with no conditions at all fall into the Friendly category. States where these factors vary sit further down the list, even when surrogacy itself is legal and commonly practiced there.
Surrogacy Laws by State at a Glance
| State | Tier | Conditions |
|---|---|---|
| California, Colorado, Connecticut, Delaware, Idaho, Maine, Massachusetts, Michigan, Nevada, New Hampshire, New Jersey, Pennsylvania, Vermont, Washington | Friendly | None |
| New York | Accommodating | One intended parent and the surrogate must reside in New York |
| Rhode Island | Accommodating | At least one intended parent must be a U.S. resident |
| Wyoming | Accommodating | Both intended parents must reside in Wyoming |
| Alabama, Alaska, Arkansas, Florida, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Maryland, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, New Mexico, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Texas, Utah, Wisconsin, West Virginia | Accommodating | Varies. Check the individual state page for details. |
| Tennessee, Virginia | Less Friendly | Legal hurdles possible, results can be inconsistent |
| Arizona, Indiana, Nebraska | Less Friendly | Contracts void by statute, though courts still issue parentage orders |
| Louisiana | Prohibited | Compensated surrogacy is criminal in most cases |
Surrogacy-Friendly States in 2026
In the most surrogacy-friendly states, intended parents can receive the pre-birth orders regardless of their sexual orientation, marital status, and sometimes the genetic linkage to the baby. These surrogacy-friendly states also permit the birth certificate to feature both parents' names and allow both uncompensated and compensated surrogacy agreements.
Surrogacy in California
California is considered a very surrogacy-friendly state for both intended parents and surrogates. Whether you live in a large city such as San Francisco, San Diego, Sacramento, Los Angeles, or the less inhabited regions of California, it's arguably the best state for surrogacy in the country. It's even home to the best IVF clinics in the world.
The different types of intended parents who can opt for surrogacy to build their families in California include:
- Heterosexual couples that have struggled with infertility
- Intended parents with a genetic disorder or health problem that they don't want to pass on to their baby
- Intended mothers who cannot carry a baby
- Intended parents of the same sex who wish to have a genetic relationship with their child
What Other U.S. States are Surrogacy-Friendly?
California shares its top-tier status with thirteen other states. What earns a state this classification is specific: surrogacy is permitted for all intended parents, regardless of marital status or sexual orientation, pre-birth orders are granted consistently throughout the state, and both intended parents can be named on the birth certificate without additional adoption steps.
These states include:
- Colorado
- Connecticut
- Delaware
- Idaho
- Maine
- Massachusetts
- Michigan
- Nevada
- New Hampshire
- New Jersey
- Pennsylvania
- Vermont
- Washington
Massachusetts and Michigan deserve a specific mention. Massachusetts historically permitted surrogacy through case law rather than a dedicated statute, but the Massachusetts Parentage Act formalized this protection into law on January 1, 2025. Michigan's shift is more significant still. Compensated surrogacy was effectively banned there for decades, and a new statute permitting it only took effect on April 1, 2025. Both states now offer the same legal certainty as the rest of this group, though their surrogacy-friendly status is newer than it looks.
Intended parents comparing states should treat this group as the lowest legal risk available in the U.S. today.
Surrogacy-Accommodating U.S. States
In some states, there are no legislations outlawing surrogacy, and gestational surrogacy is typically allowed by statute. They include:
- Alabama
- Alaska
- Arkansas
- Florida
- Georgia
- Hawaii
- Illinois
- Iowa
- Kansas
- Kentucky
- Maryland
- Minnesota
- Missouri
- Mississippi
- Montana
- North Carolina
- North Dakota
- New Mexico
- Ohio
- Oklahoma
- Oregon
- South Carolina
- South Dakota
- Texas
- Utah
- Wisconsin
- West Virginia
- Wyoming
Less Friendly States for Gestational Surrogacy
You may practice surrogacy in these states, but you might encounter legal obstacles to completing the surrogacy process.
These states include:
In states where surrogacy law is unclear, there may be significant variations in the outcomes of surrogacy contracts. For example, in Nebraska, compensated surrogacy is not enforceable by law.
Court rulings on previous surrogacy cases determine most state-by-state surrogacy policies and regulations.
Therefore, the outcomes of surrogacy cases in some states may differ from judge to judge or from one county to another. Unique personal circumstances can also influence the legal surrogacy process.
U.S. States Where Surrogacy Contracts are Prohibited
There are only a few states that explicitly prohibit surrogacy contracts or are highly restrictive to certain circumstances. These red-light states include:
Recent Legislative Changes That Impact Surrogacy in the U.S.
The U.S. surrogacy laws continue to evolve, and recent legislative changes in 2024 and 2025 are reshaping options for intended parents and surrogates.
Here are some of the most significant updates that could influence your surrogacy journey:
- Michigan: As of April 1, 2025, Michigan has officially legalized compensated surrogacy agreements for the first time in decades. Under the new Assisted Reproduction and Surrogacy Parentage Act, both traditional and gestational surrogacy contracts are now legally enforceable. The law also simplifies parentage by allowing intended parents to be listed on the child’s birth certificate without the need for post-birth adoption. These changes make Michigan a newly surrogacy-friendly state to consider.
- Massachusetts: The Massachusetts Parentage Act, effective January 1, 2025, provides clear legal protections for everyone involved in surrogacy. It includes enforceable contracts, recognition of parentage regardless of marital status or genetic connection, and formalizes the state’s stance as a supportive environment for surrogacy.
- New York: While New York legalized compensated gestational surrogacy in 2021, additional 2025 amendments have strengthened the regulatory framework. Agencies must now monitor adherence to informed consent and eligibility standards. The law also expands access for intended parents from outside New York and enforces a Surrogates’ Bill of Rights.
- Hawaii: As of January 1, 2026, Hawaii's Act 298 modernized the state's parentage law under a framework based on the 2017 Uniform Parentage Act. The law expressly authorizes gestational surrogacy, establishes pre-birth parentage order pathways, and uses gender-neutral language to support single parents, same-sex couples, and families using donor gametes. This shift strengthens Hawaii's legal framework significantly, though it remains in the Accommodating tier rather than the top tier, since conditions can still vary by case.
A growing number of states have also introduced or passed "personhood" legislation, which grants legal rights to embryos and fetuses.
These laws can complicate IVF and surrogacy procedures, and their interpretation often depends on state politics or individual judges.
For many intended parents, these developments add legal uncertainty and influence decisions to pursue surrogacy in more surrogacy-friendly states.
Because of this patchwork of laws, more intended parents are engaging in cross-state surrogacy arrangements—living in one state while working with surrogates or clinics in another.
While this is increasingly common, it adds complexity and requires you to work with experienced legal and medical professionals.
Frequently Asked Questions
What states is surrogacy legal in?
Surrogacy is legal in some form in 49 states. The strongest legal protections exist in states like California, Colorado, Connecticut, and Washington, where surrogacy is permitted for all intended parents without conditions.
Which state has the best surrogacy laws?
California is widely considered the strongest state for surrogacy, given its long legal history, consistent court practice, and access to leading fertility clinics. Several other states, including Colorado and Washington, offer comparably strong legal protections.
Is surrogacy illegal anywhere in the U.S.?
Louisiana is currently the only state where compensated surrogacy contracts are prohibited by statute in most circumstances.
Learn More About Surrogacy Laws
The surrogacy process does not have to be stressful. At Hatch, we hold your hand throughout this journey and help you have a smooth surrogacy experience. Reach out to our team today to learn more. We're happy to help.