Why this varies so much by state
Surrogacy law in the U.S. is set state by state, not federally. That means whether compensated surrogacy is allowed, whether you can get a pre-birth order (establishing the intended parents as legal parents before the baby is even born), and how smoothly the whole process runs can look completely different depending on where you live or where you plan to give birth.
Most states fall into one of three categories: surrogacy-friendly (clear statutes, pre-birth orders available, broad access for all family types), conditional (surrogacy is practiced and generally works, but with extra steps, narrower eligibility, or reliance on case law rather than statute), and restrictive (compensated surrogacy contracts are void or unenforceable).
"Laws change — sometimes quickly. This page reflects our best understanding as of 2026, but always confirm your specific situation with a reproductive attorney licensed in the state where you plan to deliver."