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Legal Guides

Surrogacy Laws
by State

Where your surrogate delivers determines your legal protections. Find your state, understand your options, and make the right choice for your family.

Educational guide only. Surrogacy law changes and can vary by state, county, judge, marital status, genetic connection, parent configuration, and delivery hospital. Use this page as a starting point, then confirm your plan with a licensed reproductive attorney in the delivery state.
✅ Surrogacy-FriendlyComprehensive statute or strong, predictable practice. Parentage orders are commonly available, but details still vary.
⚠️ ModerateWorkable with experienced counsel. Court, county, statute age, or family configuration can matter more.
⚡ ComplexLimited precedent, complicated statutes, or meaningful uncertainty. Cross-border delivery may be considered.
🚫 RestrictedCommercial surrogacy is prohibited or highly limited. Do not proceed without specialist legal advice.
Surrogacy-Friendly

Strongest states for intended parents

These states generally have comprehensive statutes or established practice for gestational surrogacy. Parentage orders are commonly available, but every case should still be reviewed by local counsel.

Moderate

Workable with the right attorney

These states may be workable, but counsel choice, county practice, family structure, or a newer statute can matter. Michigan has been moved here because its current surrogacy framework now recognizes surrogacy agreements.

Complex

Needs extra legal planning

These states have limited or complicated surrogacy precedent. Cross-border delivery may be considered depending on the facts, but it should not be assumed without attorney guidance.

Restricted

Do not proceed without specialist counsel

Commercial surrogacy contracts are prohibited, void, or highly limited by statute. Do not attempt a compensated surrogacy delivery in these states without specialist legal advice.

Not sure where to start?

Our legal process guide explains how parentage orders work and what to look for in a delivery state.

How Legal Process WorksCost Breakdown