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Surrogacy law, state by state.

There is no federal surrogacy law in the United States. Each state sets its own, and the state where your surrogate lives and delivers usually matters most. This overview was last reviewed in September 2026. It is general information, not legal advice.

Supportive20

A statute or settled court practice supports gestational surrogacy for all family structures, and parentage can generally be established before the birth.

Permitted, with conditions27

Gestational surrogacy is practiced, but the law is silent, or limits who can be an intended parent, or outcomes vary between courts.

Restrictive4

Statute prohibits or refuses to enforce compensated surrogacy agreements. Parents living here usually work with a surrogate in another state.

Gestational surrogacy law by state
State	Overall	Pre-birth parentage orders	Angel Heart Surrogacy surrogates
Alabama	Permitted, with conditions	Often granted	Accepted
Alaska	Permitted, with conditions	Varies by court	Accepted
Arizona	Restrictive	Varies by court	Reviewed individually
Arkansas	Permitted, with conditions	Generally available	Accepted
California	Supportive	Generally available	Accepted
Colorado	Supportive	Generally available	Accepted
Connecticut	Supportive	Generally available	Accepted
Delaware	Supportive	Generally available	Accepted
District of Columbia	Supportive	Generally available	Accepted
Florida	Permitted, with conditions	Usually after birth	Accepted
Georgia	Permitted, with conditions	Often granted	Accepted
Hawaii	Supportive	Generally available	Accepted
Idaho	Supportive	Generally available	Accepted
Illinois	Supportive	Generally available	Accepted
Indiana	Restrictive	Varies by court	Reviewed individually
Iowa	Permitted, with conditions	Varies by court	Accepted
Kansas	Permitted, with conditions	Varies by court	Accepted
Kentucky	Permitted, with conditions	Varies by court	Accepted
Louisiana	Restrictive	Generally unavailable	Not currently accepted
Maine	Supportive	Generally available	Accepted
Maryland	Permitted, with conditions	Often granted	Accepted
Massachusetts	Supportive	Generally available	Accepted
Michigan	Supportive	Generally available	Accepted
Minnesota	Permitted, with conditions	Usually after birth	Accepted
Mississippi	Permitted, with conditions	Varies by court	Accepted
Missouri	Permitted, with conditions	Varies by court	Accepted
Montana	Permitted, with conditions	Varies by court	Accepted
Nebraska	Restrictive	Generally unavailable	Not currently accepted
Nevada	Supportive	Generally available	Accepted
New Hampshire	Supportive	Generally available	Accepted
New Jersey	Supportive	Generally available	Accepted
New Mexico	Permitted, with conditions	Often granted	Accepted
New York	Supportive	Generally available	Not currently accepted
North Carolina	Permitted, with conditions	Varies by court	Accepted
North Dakota	Permitted, with conditions	Varies by court	Accepted
Ohio	Permitted, with conditions	Often granted	Accepted
Oklahoma	Permitted, with conditions	Generally available	Accepted
Oregon	Supportive	Generally available	Accepted
Pennsylvania	Supportive	Generally available	Accepted
Rhode Island	Supportive	Generally available	Accepted
South Carolina	Permitted, with conditions	Often granted	Accepted
South Dakota	Permitted, with conditions	Often granted	Accepted
Tennessee	Permitted, with conditions	Varies by court	Accepted
Texas	Permitted, with conditions	Generally available	Accepted
Utah	Permitted, with conditions	Generally available	Accepted
Vermont	Supportive	Generally available	Accepted
Virginia	Permitted, with conditions	Varies by court	Accepted
Washington	Supportive	Generally available	Accepted
West Virginia	Permitted, with conditions	Often granted	Accepted
Wisconsin	Permitted, with conditions	Varies by court	Accepted
Wyoming	Permitted, with conditions	Varies by court	Accepted

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Surrogacy law, state by state.

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