Surrogacy Laws By State

Alabama 

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a pre-birth order in certain counties, and in certain scenarios.

Alaska

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, courts do generally grant post-birth orders, and may grant pre-birth orders in certain counties, and in certain scenarios.

Arizona

Arizona Revised Statute 25-218 prohibits surrogacy. However, pre-birth parentage orders can be obtained however the courts prefer that both intended parents be genetically related to the child

Arkansas

Arkansas Code 9-10-201 permits surrogacy, and pre-birth parentage orders can be obtained.

California

California Family Law Sections 7960-7962, and Johnson v. Calvert (1993), and Buzzanca v. Buzzanca (1998), all permit surrogacy, and pre-birth parentage orders can be obtained.

Colorado

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a pre-birth order.

Connecticut

Conn.Gen.Stat.§7-48a permits surrogacy, and pre-birth parentage orders can be obtained.

Delaware

Delaware Code § 8-801 through 8-810 permits surrogacy, and pre-birth parentage orders can be obtained.

Florida

Florida Ch. 742.15 FL Stat. permits surrogacy, and pre-birth parentage orders can be obtained.

Georgia

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a pre-birth order in certain counties.

Hawaii

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a post-birth order in certain counties.

Idaho

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, recent case law (June 2016) confirms the non-genetic parent must adopt. Courts will only grant post-birth parentage orders.

Illinois

Illinois Gestational Surrogacy Act, 750 ILCS 47/1 et al permits surrogacy.  Pre-birth parentage orders may not be necessary to get the Intended Parents names on birth certificate, however it still may be a good idea for enforceability and full faith and credit in other jurisdictions.

Indiana

Indiana Code 31-20-1-1 makes surrogacy contracts void and unenforceable as against public policy. However, it may still be possible to obtain a pre-birth order in certain counties, and in certain scenarios.

Iowa

Iowa Code 710.11 and 641-99.15 implicitly permits surrogacy. However, only partial pre-birth orders are granted. Intended Parents still need to terminate the gestational carrier’s parental rights and possibly adopt.

Kansas

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a pre-birth order in certain counties, and in certain scenarios.

Kentucky

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a pre-birth order in certain counties, and in certain scenarios.

Louisiana

Louisiana Surrogacy Bill HB 1102 (took effect August 1, 2016) permits surrogacy for heterosexual married couples using their own gametes. Courts will issue pre-birth orders only under limited circumstances.

Maine

Maine Parentage Act Title 19A Chapter 61, effective July 1, 2016, permits surrogacy, and pre-birth parentage orders can be obtained.

Maryland

In re Roberto d.B. implicitly permits surrogacy, and pre-birth orders may be obtained.

Massachusetts

Hodas v. Morin, Culliton v. Beth Israel Deaconess Med. Ct., and R.R. v. M.H., all permit surrogacy, and pre-birth parentage orders can be obtained.

Michigan

Michigan Surrogate Parenting Act MCL Section 722.851, declares surrogacy contracts to be void and unenforceable as against public policy. However, courts may still grant pre-birth orders if no money changed hands.

Minnesota

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a pre-birth order in certain counties, and in certain scenarios.

Mississippi

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a pre-birth order in certain counties, and in certain scenarios.

Missouri

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a post-birth order.

Montana

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a pre-birth order in certain counties, and in certain scenarios.

Nebraska

R.R.S. Neb. 25-21, 200 declares surrogacy contracts to be void and unenforceable, however the language of the statute does allow surrogacy practice in limited scenarios. Courts may grant post-birth for biological fathers. All others must go through an adoption.

Nevada

Nev. Revised Statutes 126.500-126.810 permits surrogacy, and pre-birth parentage orders can be obtained.

New Hampshire

N.H.Rev.Stat.Ann. 168-B permits surrogacy, and pre-birth parentage orders can be obtained.

New Jersey

A.H.W. and P.W. v. G.H.B, and In re T.J.S. both prohibit compensated surrogacy. Courts will grant pre-birth orders, however a relinquishment by the gestational carrier is still needed.

New Mexico

N.M. Stat. Ann. 40-11A-801 states that surrogacy contracts are neither permitted nor prohibited. However pre-birth parentage orders can be obtained.

New York

New York Code Section 8-122 declares surrogacy contracts to be void and unenforceable, as against public policy.

North Carolina

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a pre-birth order in certain counties, and in certain scenarios.

North Dakota

N.D. Cent. Code 14-18 permits surrogacy, and pre-birth parentage orders can be obtained.

Ohio

J.F. v. D.B., 879 N.E.2d 740 (2007) permits surrogacy, and pre-birth parentage orders can be obtained.

Oklahoma

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a pre-birth order in certain counties, and in certain scenarios.

Oregon

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a pre-birth order.

Pennsylvania

There are no statutes or published case law specifically permitting or prohibiting surrogacy, however there is unpublished case law that permits surrogacy: J.F. v. D.B., 897 A.2d 1261 (2006) and Whitewood v. Wolf, no. 1:13-cv-1861 (2014). It may be possible to obtain a pre-birth order in certain counties, and in certain scenarios

Rhode Island

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a pre-birth order in certain counties, and in certain scenarios.

South Carolina

Mid-South Ins. Co. v. Doe, 274 F.Supp.2d 757 (2003) suggests surrogacy contracts are permissible. However, it may be possible to obtain a pre-birth order in certain counties.

South Dakota

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a pre-birth order in certain counties, and in certain scenarios.

Tennessee

Tenn. Code Ann. 36-1-102(48) neither permits or prohibits surrogacy, but merely defines it. However, it may be possible to obtain a pre-birth order in certain counties, and in certain scenarios.

Texas

Tex. Fam. Code 160-751 through 160-763 permits surrogacy, and pre-birth parentage orders can be obtained.

Utah

Utah Code Ann. 78B-15-801 (2008) permits surrogacy, and pre-birth parentage orders can be obtained.

Vermont

There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a post-birth order.

Virginia

Virginia’s Assisted Conception Statute permits surrogacy. Rather than a pre-birth order, the Intended Parents do a Surrogate Consent and Report Form after birth.

Washington

Wash. Rev. Code 26.26.210etseq. permits non-compensatory surrogacy. However pre-birth orders are not obtained. Instead, parentage is established post-birth through various procedures depending on the scenario.

West Virginia

W.VA Code 61-2-14h(e)(3) permits surrogacy, and pre-birth parentage orders can be obtained.

Wisconsin

Paternity of F.T.R., Rosecky v. Schissel permits surrogacy. Pre-birth parentage orders can be obtained, however post-birth orders are also required.

Wyoming

WY Stat 14-2-403(d) neither permits nor prohibits surrogacy. Surrogacy in Wyoming is rare due to practical considerations.