US Surrogacy Laws by State: Where Is Commercial Surrogacy Legal? (2026 Guide)

Finding the best states for surrogacy can make a meaningful difference in how predictable (or stressful) your journey feels. 

Because surrogacy rules aren’t federal, the birth state’s laws and court processes often shape contract enforceability, parentage steps, and timeline reliability.

Some states offer a clearer, well-traveled process. Others can still work—but may require extra steps, tighter planning, or a cross-state strategy. 

This guide breaks down US surrogacy laws by state so you can start with fewer surprises.

Key Takeaways

• Surrogacy-friendly states tend to offer clearer enforceability and a more predictable parentage workflow for many common scenarios.
• States with conditions can still be viable—but eligibility and steps may depend on factors like marital status and required court procedures.
• Many surrogacy-friendly jurisdictions support pre-birth parentage steps in common pathways, which can reduce last-mile hospital and vital-records delays.
• If you’re in a conditional or restrictive state, an experienced agency can help coordinate cross-state arrangements and align legal + medical timing.
• Budgeting matters: less predictable states may add steps (and time) that impact overall cost and planning.

What is Commercial Surrogacy

Commercial surrogacy (also called compensated surrogacy) is an arrangement where the gestational carrier receives compensation for the time, effort, and physical demands of pregnancy—separate from reimbursements for medical and related expenses.

In the U.S., legal clarity varies by state. Many frameworks focus on gestational surrogacy (where the surrogate has no genetic link to the baby). Traditional surrogacy often involves different rules and tends to carry greater legal complexity.

Surrogacy Laws Across the United States

Because there is no federal surrogacy law, the legality of surrogacy is determined by state statutes and court processes. Most U.S. laws and established workflows primarily address gestational surrogacy. 

Traditional surrogacy – where the surrogate is also the biological mother – often faces stricter limitations.

States generally fall into three categories:

1. “Surrogacy-Friendly” States

These states have clearer laws or established processes that support enforceable gestational surrogacy agreements and a more predictable parentage workflow.

Top States:
California, Colorado, Illinois, Nevada, Connecticut, Michigan (effective 2025).

Michigan update: Michigan’s Assisted Reproduction and Surrogacy Parentage Act (Act 24 of 2024) took effect April 2, 2025, creating a clearer statutory framework for assisted reproduction and surrogacy-related parentage.

2. States with “Conditions”

States in this category can still be workable, but they may rely on case law and administrative rules, impose procedural hurdles, or limit certain pathways.

Oregon

Oregon is often workable for many family structures, but unlike statute-heavy states, it often relies more on established case law and administrative practice.

• Vital records: Known processes for updating birth records in common surrogacy scenarios.
• Inclusivity (in practice): Often supportive of many family structures.

Virginia

Virginia permits surrogacy, but it tends to be more structured than many surrogacy-friendly states, and planning the legal steps early matters.

• Planning note: Some pathways can add time—build them into your timeline upfront.
• Two common routes: A more formal court-approved contract route, or other administrative pathways, depending on your situation.
  

Texas

Texas supports gestational surrogacy, and it offers a court-validated agreement process—but that statutory validation route requires the intended parents to be married to each other. For single parents or unmarried couples, agencies often coordinate a cross-state plan in a more inclusive jurisdiction.

Houston and Dallas are common coordination hubs for Texas journeys. Intended parents pursuing surrogacy in Houston and other Texas metros should prioritize safeguards over marketing when comparing agencies:

• Eligibility first: confirm whether you qualify for the validated pathway before matching
• Transparency: clear screening steps, fees, and what’s included vs. separate
• Coordination + safeguards: attorney coordination and documented escrow/funds handling

3. Restrictive States 

These states can limit enforceability, eligibility, or compensation, which creates real planning constraints. Confirm the pathway with a reproductive attorney before you match or schedule major medical steps.

Louisiana

Louisiana allows only a very narrow form of gestational surrogacy under strict statutory rules—so most modern family-building pathways won’t qualify.

• Who typically qualifies: Louisiana-resident, married heterosexual couples using their own egg and sperm (no donor gametes).
• Compensation: A compliant Louisiana pathway requires no compensation beyond permitted expenses.
• Court + timing: The agreement must meet detailed requirements and be court-approved before embryo transfer to have an enforceable path.

Nebraska

Nebraska law makes surrogacy contracts void and unenforceable, so many families look for options elsewhere.

• Contract enforceability: Surrogacy contracts are void and unenforceable under Nebraska statute.
• Pre-birth parentage orders: Not available in Nebraska.
• Birth certificate (limited scenarios): A legal/intended father and a genetically related intended mother (if she provided the egg) may be placed on the birth certificate at the hospital, if the gestational carrier (and spouse, if any) signs.
• All other intended parents: Typically require a post-birth adoption pathway; stepparent adoptions are permitted, while second-parent adoptions are not under the referenced guidance.

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, a predictable parentage process, and fewer last-minute administrative surprises. 

But what exactly makes a state stand out as a great choice for surrogacy arrangements? 

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.

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.

Access to Top Fertility Clinics and Medical Resources

States with established clinical networks of fertility clinics and experienced care teams can make coordination smoother for everyone involved—especially when legal timing and medical scheduling need to align.

Which Are Considered the Best States for Surrogacy?

Choosing the right state is one of the biggest “predictability levers” in a surrogacy journey. In practice, the best states for surrogacy tend to share three things: enforceable gestational surrogacy agreements, a clear parentage process (often including pre-birth orders), and established court/vital-records workflows that reduce last-minute surprises.

Below are states commonly cited as surrogacy-friendly because they offer a clearer legal pathway for many modern family-building scenarios:

California

California is often considered the benchmark because parentage workflows are well-established and widely used.

• Parentage clarity: Pre-birth parentage orders are commonly available, including in many donor-gamete scenarios.

• Inclusive in practice: Generally workable for married/single and LGBTQ+ intended parents.
• Why it’s predictable: Longstanding case law (including Johnson v. Calvert) supports enforceable gestational surrogacy agreements.

Colorado

Colorado is frequently chosen for its modern, structured framework and straightforward parentage process.

• Clear statutory pathway: Gestational surrogacy agreements are addressed directly under state law.
• Inclusive parentage: Pre-birth parentage orders are available in common pathways regardless of marital status or sexual orientation.
• Planning advantage: The process is typically documentation-driven and easier to sequence alongside clinic timelines.

Illinois

Illinois is widely viewed as predictable when statutory requirements are followed.

• Clear legal structure: Illinois law provides a defined route for enforceable gestational surrogacy agreements.
• Parentage workflow: Intended parents can often be recognized without extended post-birth steps when requirements are met.
• Practical note: Success here depends on getting the document sequence right early (contracts, medical milestones, and filings).

Nevada

Nevada is popular for out-of-state intended parents because the legal path is accessible and well-traveled.

• No residency requirement: Many families pursue Nevada journeys without living in the state.
• Parentage options: Pre-birth orders are generally available in common pathways, including donor-gamete use.
• Predictability factor: The enforceability/parentage process is typically straightforward with experienced coordination.

Connecticut

Connecticut is often included on “best states” lists due to its modern parentage statute and clear process.

• Modern parentage law: The Connecticut Parentage Act clarified surrogacy-related parentage procedures.
• Pre-birth parentage: Available in many common pathways, supporting smoother hospital/vital-records execution.
• Why it matters: Clearer statutory guidance reduces ambiguity and helps align legal steps with medical timing.

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 intended parents can do to keep the process predictable—especially if your home state adds extra steps:

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

Reputable agencies often work with most states – surrogacy-friendly or not- providing wider options for intended parents, including cross-state coordination when needed. 

A strong agency helps keep the journey sequence clean to legal steps, medical timing, and logistics aligned instead of creating surprises later. 

In less-friendly or conditional states, that often means coordinating a cross-state plan, verifying screening and readiness early, and setting clear expectations about what happens next (and when). The goal isn’t just “a match”—it’s a process that stays predictable from match through delivery.

Consult a Surrogacy Attorney

In a less-friendly or conditional state, legal planning is less about “paperwork” and more about choosing the right pathway early. 

A reproductive attorney can confirm which state’s process governs your journey, what steps must happen before medical milestones, and how parentage is established (including whether post-birth steps are expected). The earlier this is confirmed, the easier it is to avoid delays—especially around hospital paperwork and final parentage documents.

Check Your State’s Specific Laws

Surrogacy laws can change, and the right pathway depends on your family structure and where the birth will occur—so confirm the plan with a reproductive attorney before matching or scheduling medical steps.

Michigan is a good example of why updates matter: its framework changed effective April 2, 2025, which is why older “restrictive state” guidance may no longer reflect the current legal landscape. Research your state’s rules, then confirm the legal sequence early so your medical timeline and parentage steps stay aligned.

What to Look for in a Surrogacy Agency 

Choosing an agency isn’t just about who can introduce you to a match—it’s about who can keep your medical timeline and legal steps aligned, reduce preventable delays, and help you move forward with clear expectations. A strong agency functions like a coordinator across three lanes: screening, clinical logistics, and legal/financial safeguards.

Medical Readiness Before Matching

Ask how the agency defines “ready.” The biggest timeline disruptions often come from late-stage screening surprises. Look for an approach that prioritizes medical and psychological clearance early—so matches are based on verified readiness, not assumptions.

What to ask:

• What screening is completed before a match is presented (medical records, OB history, psych evaluation, background checks)?
• Who reviews the medical clearance (and what disqualifies a candidate)?
• How often do you re-verify readiness between match and cycle start?

State-Specific Coordination 

An agency shouldn’t “practice law,” but it should know how to coordinate with experienced reproductive attorneys so your journey follows the correct sequence for the birth state. That includes knowing when contracts, court steps, and clinic milestones typically happen—and flagging issues early (for example, eligibility requirements or post-birth steps in certain states).

What to ask:

• Do you coordinate with reproductive counsel in the birth state (not just your home state)?
• What’s the typical legal sequence for this state, and when do those steps occur?
• If my state is conditional or restrictive, what cross-state options are commonly used?

Financial Transparency and Safeguards

Costs vary by state and by journey complexity, but what matters most is whether the agency gives you a complete, understandable cost picture—and uses a clear system for holding and disbursing funds. This protects everyone involved and reduces the risk of avoidable conflict mid-journey.

What to look for:

• A written, itemized estimate (agency fees, carrier compensation, medical, legal, insurance, escrow)
• Clear explanations of what’s included vs. separate
• Documented escrow/fund administration with defined disbursement rules

Matching Process That Fits Real Life

A good match isn’t just “available”—it’s compatible in expectations (communication, boundaries, travel, termination preferences, risk tolerance). Agencies should be able to explain how they evaluate alignment and what happens if expectations shift.

What to ask:

• How do you assess fit beyond basic criteria?
• What does communication look like month-to-month?
• What support exists if a disagreement comes up?

Clinical Logistics and Continuity

Surrogacy involves a lot of handoffs: fertility clinic, monitoring, travel, OB care, and delivery planning. Agencies that run smoothly here reduce friction—and help prevent “small” logistics issues from becoming timeline problems.

What to ask:

• Who coordinates clinic handoffs and monitoring schedules?
• How do you handle insurance review and authorizations?
• What does support look like from transfer through delivery?
  

Frequently Asked Questions 

Final Thoughts

Surrogacy laws vary by state, but your experience doesn’t have to. Choosing a surrogacy-friendly birth state can reduce parentage uncertainty; choosing the right agency is what keeps screening, medical timing, and legal steps moving in sync.

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.