Surrogacy Laws

What are the laws regarding surrogacy in the United States and around the world?

Family Source will only work with Surrogates who reside in the United States. There currently is no nationwide law regarding surrogacy in the United States; rather, each state has its own surrogacy laws.

A state is considered surrogacy-friendly when there are no residency requirements for the Intended Parents and a birth certificate (pre-birth order) can be issued without court proceedings. Surrogacy laws in the United States and around the world are ever-changing; thus, we advise that you verify the most current laws in your state with an attorney who specializes in this area.

Fortunately, our surrogacy agency is in Illinois, which is considered one of the MOST surrogacy-friendly states in the United States. We also have offices in the surrogacy-friendly states of Florida and California.

What if surrogacy is not legal in my state or country?

Keep in mind that as a parent, even if you live somewhere where surrogacy or “paid surrogacy” is considered illegal or the laws are undefined, you may still pursue surrogacy as an option to build your family. Your location is not as important as your surrogate’s. You will simply want to choose a surrogate who is willing to deliver in a “surrogacy-friendly” state. What matters most is that the laws are favorable in your surrogate’s home state.

Do I need to hire a reproductive lawyer?

At Family Source, we can help you find out what the current surrogacy laws are in your particular state; however, because we are not attorneys, we cannot advise you legally. When working with our agency, you will be referred to a reputable collaborative reproduction attorney who can provide you with professional legal counsel.

Surrogacy State Laws

The summary of state laws listed below is, to the best of our knowledge, accurate as of March 11, 2021.  The information provided below is not a substitute for professional legal representation.

 Surrogacy is permitted. Pre-birth orders are granted throughout the state. Both parents will be named on the birth certificate.

California; Connecticut; Delaware; Maine; Nevada; New Hampshire; New Jersey; Oregon; Rhode Island; Washington; Washington DC

Surrogacy is permitted but results may be dependent on various factors OR only a post-birth parentage order is available, which requires additional post-birth legal proceedings.

Alabama; Arkansas; Colorado; Florida; Georgia; Hawaii; Illinois; Kansas; Kentucky; Maryland; Massachusetts; Minnesota; Missouri; New York; New Mexico; North Carolina; North Dakota; Ohio; Oklahoma; Pennsylvania; South Carolina; South Dakota; Texas; Utah; Vermont; West Virginia; Wisconsin

Surrogacy is practiced, but there are potential legal hurdles. 

Alaska; Arizona; Idaho; Indiana; Iowa; Mississippi; Montana; Nebraska; Tennessee; Virginia; Wyoming

Compensated Surrogacy is not permitted OR a birth certificate naming both parents cannot be obtained. 

Louisiana; MichiganSave

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