US Surrogacy Laws by State: Where Is Commercial Surrogacy Legal? (2025 Guide)

Finding the best states for surrogacy can make all the difference in your journey. Whether you’re an intended parent or a surrogate, location plays a huge role in the process. Some states have clear, supportive laws, while others create roadblocks. Knowing where to start can save you time, money, and stress.

Key Takeaways

• Surrogacy-friendly states like California, Illinois, Nevada, and Connecticut offer clear laws, easy processes, and strong protections for both intended parents and surrogates, making the journey easier and more predictable.
• Less-friendly states may seem cheaper at first but often require extra steps like post-birth adoptions, which can add time, cost, and complexity to the process.
• Surrogacy-friendly states provide pre-birth orders, clear contracts, and access to top-rated fertility clinics, providing excellent care for surrogates and peace of mind for intended parents.
• If you’re in a less-friendly state, working with a reputable agency can help you go through cross-state arrangements, connect with partners in surrogacy-friendly states, and ensure your rights and compensation are protected.
• Budgeting carefully is important—while surrogacy-friendly states may have higher upfront costs, they often save you time and money in the long run by avoiding extra legal steps and delays.

What is Commercial Surrogacy?

Commercial surrogacy (also known as compensated surrogacy) is an arrangement where the surrogate mother receives financial compensation for her time, effort, and physical risk, in addition to reimbursement for medical expenses.

Unlike “altruistic surrogacy”—where the surrogate is only reimbursed for receipts—commercial surrogacy ensures the carrier is fairly paid for the 12+ month commitment. The United States is one of the few countries with a robust legal framework protecting commercial surrogacy agreements, specifically in “surrogacy-friendly” states.

Surrogacy Laws Across the United States

Because there is no federal surrogacy law, the legality of surrogacy is determined by state statutes. It is important to note that most US laws specifically protect “Gestational Surrogacy” (where the surrogate has no genetic link to the baby). At the same time, Traditional Surrogacy often faces stricter regulations or bans.

States generally fall into three categories:

1. “Surrogacy Friendly” States (Green Light)

These states have clear statutes that explicitly permit commercial surrogacy contracts and allow for Pre-Birth Orders (PBO), ensuring Intended Parents are recognized as legal parents before the baby is born.

Top States:

• California, Colorado, Illinois, Nevada, Connecticut. (See detailed breakdowns for these states below).

2. “Conditional” or “Case-Law” States (Yellow Light)

States in this category are generally favorable to surrogacy, but they may rely on case law rather than specific statutes or impose specific hurdles.

Oregon

Oregon is widely considered a “green light” state, but unlike California, it relies on favorable case law and administrative rules rather than a detailed surrogacy statute.

• Vital Records: The state has a streamlined administrative process for amending birth certificates.
• Inclusivity: Oregon courts are consistently supportive of surrogacy for same-sex couples and single parents.

Virginia

Virginia permits surrogacy under the “Status of Children of Assisted Conception Act,” but it is strictly regulated.

• Home Study: To guarantee court approval, intended parents may be required to undergo a home study (similar to adoption).
• Two Paths:  Parents can choose between a court-approved contract process (safer but slower) or a non-statutory administrative process.

Texas

Texas explicitly validates gestational surrogacy contracts, but with a major condition: the Intended Parents must be a married couple.

Unmarried or single intended parents may need to pursue surrogacy in other states or rely on more complex legal workarounds.

3. Restricted States (Red Light)

States like Louisiana and  Michigan (historically) have had strict limitations, often declaring paid surrogacy contracts unenforceable or limiting access to married heterosexual couples using their own gametes.

Always consult a reproductive attorney before proceeding in these states.

What Makes a State Surrogacy-Friendly?

When it comes to gestational surrogacy, not all states are created equal. A surrogacy-friendly state has clear laws and strong protections. It also provides an easy process for intended parents and surrogates. But what exactly makes a state stand out as a great choice for surrogacy arrangements? 

First, surrogacy laws play a huge role. Friendly states have laws that support compensated surrogacy and enforce surrogacy contracts. This means both parties can feel secure about their rights and responsibilities. For example, many of these states allow pre-birth orders, which ensure the intended parents’ names go directly on the birth certificate.

Second, the legal process is simple. In surrogacy-friendly states or states where surrogacy is legal, courts know surrogacy cases well. This helps finalize parental rights more easily. This is especially important for intended mothers and fathers who want to avoid lengthy legal battles.

Third, access to fertility clinics and medical resources is key. States with top-rated clinics make the surrogacy journey secure for everyone involved. Surrogates can receive excellent care, while intended parents can feel confident in the medical process.

Surrogacy legal states have clear laws, an easy legal process, medical resources, and a supportive community. Choosing the right state is key for intended parents and surrogates. It can lead to a positive and rewarding surrogacy journey.

Which Are Considered the Best States for Surrogacy?

Choosing the right state for your surrogacy journey is one of the most important decisions you’ll make.

Some states are known for their supportive laws, simple processes, and strong protections for both intended parents and surrogates. Here’s a list of the best states for surrogacy and what makes each one stand out:

California

California is known as the best state for surrogacy, and here’s why:

• Clear Laws: California’s strong laws and court cases support surrogacy. This makes it a safe choice for both intended parents and surrogates.
• Inclusive Policies: California supports everyone. Whether you’re single, married, LGBTQ+, or using donor eggs or sperm, you can get pre-birth and post-birth parentage orders.
• Legal Protections: Surrogacy contracts are enforceable, so both intended parents and surrogates are protected.
• No Genetic Link Needed: You don’t have to be genetically related to the child to be recognized as the legal parent.
• Proven Track Record: Famous cases like Johnson v. Calvert (1993) have made California a leader in surrogacy law.

Colorado

Colorado is another excellent choice for surrogacy, offering a supportive legal framework:

• Clear Laws: Colorado’s statutes explicitly permit gestational surrogacy and provide clear guidelines for agreements.
• Inclusive Policies: Pre-birth parentage orders are available to all intended parents, regardless of marital status, sexual orientation, or genetic connection to the child.
• Efficient Process: The legal process is straightforward, and courts are familiar with surrogacy cases, making it easier to establish parental rights.
• Protections for All Parties: Both intended parents and surrogates benefit from enforceable contracts and strong legal protections.

Illinois

Illinois is another great option for surrogacy because of its clear and supportive laws:

• Illinois Gestational Surrogacy Act: This law makes gestational surrogacy legal and sets clear rules for agreements.
• Easy Process: If you follow the law, you’ll be named on the birth certificate without needing to go to court.
• Inclusive for All: The law treats everyone equally, whether you’re a heterosexual couple, a same-sex couple, or a single parent.
• Surrogates’ Rights: Surrogates can hire their own lawyer to make sure they are treated fairly.

Nevada

Nevada is a flexible and welcoming state for surrogacy:

• Clear Laws: Nevada clearly allows gestational surrogacy. The legal process is simple.
• Pre-Birth Orders: You can get a pre-birth order no matter your marital status, sexual orientation, or whether you use donor eggs or sperm.
• No Residency Requirement: You don’t have to live in Nevada to pursue surrogacy there, making it a great option for out-of-state families.
• Strong Legal Protections: Surrogacy contracts are enforceable, so everyone’s rights are protected.

Connecticut

Connecticut is a progressive and surrogacy-friendly state:

• Connecticut Parentage Act (2022): The Connecticut Parentage Act, legalizes gestational surrogacy. It also offers clear rules for agreements and parentage orders.
• Pre-Birth Orders: You can get a pre-birth order no matter your marital status, sexual orientation, or genetic connection to the child.
• Efficient Process: The law ensures that intended parents are recognized as legal parents from birth, making the process quick and easy.
• Protections for Surrogates: Surrogates are protected, including the right to have their own lawyer.

What to Do If You’re From a Less-Friendly State

If you live in a non-friendly surrogacy state, don’t worry—surrogacy can still be pursued. However, it requires paying closer attention to legal requirements and taking extra steps for an easy process. Here’s what you can do, whether you’re an intended parent or a surrogate:

Consider Cross-State Surrogacy

Many intended parents from less-friendly states choose to work with partners in surrogacy-friendly states. If you live in a less friendly state for surrogacy, you can still work with a gestational carrier in a friendly state, like California. This way, you can enjoy clearer surrogacy laws, strong contracts, and easier processes for parentage orders. 

Work with an Experienced Agency

Choosing a reputable surrogacy agency is important. These agencies understand the legal complexities of less-friendly states and can guide both intended parents and surrogates through the process. Reputable agencies often work with most states, regardless of whether they are surrogacy-friendly or not, providing wider options for intended parents and surrogates.

They can connect intended parents with gestational surrogates in surrogacy-friendly states for a more secure journey. For intended parents, this means access to a broader pool of potential surrogates and legal expertise. For surrogates, it means working with an agency that prioritizes your rights and well-being, even if your home state has restrictive laws.

Consult a Surrogacy Attorney

A surrogacy attorney helps go through the legal challenges of a less-friendly state. They can draft surrogacy agreements that comply with both your state’s laws and those of a surrogacy-friendly state. This helps intended parents secure parentage orders, even if a post-birth adoption is needed. An attorney helps surrogates by protecting their rights, compensation, and medical choices.

Check Your State’s Specific Laws

Research your state’s surrogacy laws to understand the risks and limitations. In Michigan, surrogacy contracts don’t hold up in court. In Louisiana, only married heterosexual couples can use gestational surrogacy. Knowing the rules helps intended parents and surrogates plan accordingly and avoid legal pitfalls. For surrogates, this means being aware of any restrictions on compensation or legal protections in your state.

The Importance of Choosing the Right Surrogacy Agency

Choosing the right surrogacy agency is one of the most important decisions you’ll make on your surrogacy journey. The agency you choose can greatly affect your journey as a surrogate or intended parent. It influences your experience, costs, and success. Here’s why selecting the right agency matters and what to look for:

Expertise in State-Specific Laws

A reputable surrogacy agency has a legal team that understands the complexities of state-specific surrogacy laws. They ensure that all agreements comply with local regulations, whether you’re in a surrogacy-friendly state or a less-friendly state. For intended parents, this means avoiding legal pitfalls and securing parentage orders efficiently. For surrogates, it ensures your rights and compensation are protected, no matter where you live.

Financial Guidance and Transparency

The right agency helps you go through the cost differences between states, providing clear, upfront information about expenses. They can explain how surrogacy-friendly states often have lower legal and medical costs, while less-friendly states may require additional steps like post-birth adoptions, which can increase expenses. For intended parents, this means creating a realistic budget. For surrogates, it ensures you understand your compensation package and payment schedule.

Matching Across State Lines

A good agency has a diverse pool of intended parents and surrogates from different states, allowing for better matches based on shared values, expectations, and goals. For intended parents, this means finding a gestational surrogate who aligns with your vision, even if they live in another state. For surrogates, it means being paired with intended parents who respect and appreciate your role, regardless of location.

Access to Top-Rated Fertility Clinics

The agency connects you with fertility clinics that meet high standards of care, whether they’re in your home state or a surrogacy-friendly state. For intended parents, this ensures the best medical support for the process. For surrogates, it means receiving excellent prenatal care and medical attention throughout the journey.

Final Thoughts

Surrogacy is a life-changing journey that requires careful planning, legal expertise, and emotional support. Whether you’re an intended parent or a surrogate, choosing the right state, agency, and legal team is crucial to ensuring a smooth and successful experience. From understanding surrogacy-friendly laws to budgeting for legal and medical expenses, every decision matters

Julianna Nikolic

Chief Strategy Officer Julianna Nikolic leads strategic initiatives, focusing on growth, innovation, and patient-centered solutions in the reproductive sciences sector. With 26+ years of management experience and a strong entrepreneurial background, she brings deep expertise to advancing reproductive healthcare.