State Laws and Surrogacy

Most states in the U.S. have varied or unclear laws regarding surrogacy as well as court rulings on individual cases. Following are details on states that allow or prohibit surrogacy agreements.

Six states allow surrogacy contracts:

• Arkansas
• California
• Illinois (gestational surrogacy only)
• Massachusetts
• New Jersey (uncompensated surrogacy agreements only)
• Washington (uncompensated surrogacy agreements only).

Eleven states and the District of Columbia prohibit surrogacy in the following instances:

• District of Columbia: unmarried couples
• Florida: unmarried couples
• Indiana: traditional surrogacy
• Louisiana: traditional surrogacy
• Michigan: compensated surrogacy
• Nebraska: compensated surrogacy
• Nevada: unmarried couples
• New York: unmarried couples
• North Dakota: unmarried couples
• Texas: unmarried couples
• Utah: unmarried couples
• Virginia: unmarried couples

If you are considering having a baby with the help of a surrogate, obtain the services of an attorney experienced in surrogacy and third party reproduction.