Starting your surrogacy journey and wondering what states are surrogacy friendly? Although surrogacy has come a long way in recent years, it still doesn’t have the green light in every U.S. state. There are no Federal laws regulating surrogacy in the United States. The laws regarding surrogacy vary widely between states, making the legal process quite confusing. Some surrogacy friendly states include California, Illinois, Washington, Florida, Massachusetts, Wisconsin, and Ohio

If you’re considering starting a family through surrogacy, you’ll have loads of questions.

  • “Surrogacy-friendly,” means that they have laws permitting surrogacy, and agencies can legally carry out the surrogacy process.
  • Knowing which laws affect you is an essential part of your journey.
  • Surrogate laws differ across states.
  • Working with an agency and attorney is essential.

What Does “Surrogacy-Friendly” Mean?

These states recognize and permit gestational surrogacy arrangements and generally have favorable rulings in surrogacy cases.

In a surrogacy-friendly state, there’s no discrimination for who can become an Intended Parent. Pre-birth orders are generally granted regardless of marital status or sexual orientation. Both compensated and uncompensated agreements are possible.

California Surrogacy Laws

California is one of the most’ surrogacy friendly’ states in the U.S. California laws allow anyone to become an Intended Parent whether they’re gay, straight, in a relationship, or single. These laws are outlined in the California Family Code Section 7960, officially confirmed in 2013.

Surrogate compensation is permitted, and the legal processes are the same for opposite-sex couples, same-sex couples, and single intended parents.

Illinois Surrogacy Laws

Like California, Illinois welcomes surrogacy. Commercial surrogacy is legal and clearly defined within Illinois surrogacy laws. The Illinois Gestational Surrogacy Act permits a birth certificate to be issued in the names of the intended parents as long as certifications are completed by all relevant parties.

Washington State Surrogacy Laws

The Washington’s Uniform Parentage Act legalizes compensated gestational surrogacy and provides Intended Parents and gestational surrogates greater clarity in the legal parentage process. It also safeguards the rights of LGBTQ and non-biological parents and allows compensation beyond medical and other expenses for surrogate mothers.

Florida Surrogacy Laws

Florida’s surrogacy-friendly laws make it one of the most popular states for surrogacy arrangements. Florida Statute §63.213 protects the rights of the surrogate, the Intended Parents, the baby, and the egg donor. Contracts for gestational surrogacy arrangements are recognized along with egg and sperm donations.

Florida’s laws have also followed technological advances in third-party reproduction technology.

Massachusetts Surrogacy Laws

Massachusetts has long been known for its progressive stance on surrogacy. In fact, it was one of the first states to recognize surrogacy through court decision.

In Massachusetts, surrogacy is permitted by case law Hodas v. Morin, Culliton v. Beth Israel Deaconess Med. Ctr., and R.R. v. M.H.. Pre-birth orders can be issued, and the process is the same for all intended parents, regardless of sexual orientation.

Wisconsin Surrogacy Laws

Surrogacy is legal in Wisconsin as per the 2013 case Paternity of F.T.R. This has allowed surrogacy contracts to be upheld as long as they are in the child’s best interests. Although there are no surrogacy laws that specifically address compensation for surrogates, these details will be outlined in your surrogacy contract.

Ohio Surrogacy Laws

The Ohio Supreme Court confirmed the legality of surrogacy in 2007 through J.F.v.D.B.,879N.E.2d740. Although there are no surrogacy laws in Ohio that specifically address the surrogacy process, courts and judges in the state have determined that surrogacy is legal in Ohio as per recognition of past cases.

The 2001 Decker v. Decker case allowed for same-sex couples to receive legal recognition in surrogacy agreements, as long as written agreements are provided. Same-sex intended parents can also have both parents named on the child’s birth certificate.

What’s the first step toward becoming a parent through surrogacy?

Whether you live in a surrogacy-friendly or not, it’s still important to seek legal advice. An experienced reproductive attorney is the best person to guide you through the legalities of pursuing a surrogacy agreement as it relates to your particular state. Enlisting the services of a qualified surrogacy lawyer is the only way to ensure protection both for intended parents and prospective surrogates during the process.

Choosing a professional surrogacy agency like Family Source Consultants is one of the best ways to ensure a successful journey. Our team will help:

  • Find out the current surrogacy laws in your particular state.
  • Refer to a reputable collaborative reproduction attorney for professional legal counsel.

The best part is that most FSC’s staff have personal experience via surrogacy, egg donation, or IVF. Our team fully understands the significance of creating a family through reproductive medicine and is excited to guide you through your journey to parenthood through surrogacy!

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Staci Swiderski, CEO and owner of Family Source Consultants, has been a prominent leader in reproductive medicine for over two decades. Through her strategic vision and dedication, she has developed Family Source Consultants into a globally recognized agency specializing in comprehensive egg donation and gestational surrogacy services. Under Staci’s leadership, the agency has become a trusted partner for intended parents, surrogates, and egg donors worldwide, known for its rigorous standards, compassionate support, and commitment to excellence in third-party reproduction.

Her professional insight is uniquely informed by her own family-building experiences. As an intended parent, Staci welcomed her son via gestational surrogacy in 2005, and as a known egg donor, she assisted an infertile couple in expanding their family. These experiences lend a rare depth to her leadership and have fueled her ongoing dedication to ethical, empathetic, and professional support within the field of reproductive medicine.