Commercial surrogacy is legal and fully supported in roughly 15 states, permitted with conditions in about 30 more, and restricted or effectively banned in a small handful. There is no federal surrogacy law in the United States, so where commercial surrogacy is legal by state depends entirely on individual state legislatures and courts. An arrangement that is routine in California can be unenforceable in Nebraska and criminal in Louisiana.
The Four Tiers of State Law
State surrogacy laws sort into four groups. The most permissive states have statutes that explicitly authorize paid surrogacy, grant pre-birth parentage orders to all intended parents regardless of marital status or genetic connection, and put both parents on the birth certificate from the start. A larger group permits surrogacy but attaches conditions, such as residency requirements, marital-status rules, or limits on when a parentage order can be issued. A few states declare surrogacy contracts void and unenforceable by statute. At least one treats compensated surrogacy as a criminal matter in most situations.
The practical consequence is that the state where your surrogate lives and gives birth is one of the most consequential choices in the whole process. Pick the wrong state and intended parents can be left without legal parentage, or a surrogate can be left holding a contract no court will enforce.
States Where Commercial Surrogacy Is Fully Supported
About 15 jurisdictions offer the clearest protections for compensated surrogacy. In these places, surrogacy is permitted for all intended parents without conditions, pre-birth parentage orders are available statewide, and both parents are named on the birth certificate. The group includes California, Colorado, Connecticut, Delaware, Idaho, Maine, Massachusetts, Michigan, Nevada, New Hampshire, New Jersey, Pennsylvania, Vermont, and Washington, along with the District of Columbia.
California has the longest track record. Its Family Code requires that surrogacy agreements be executed before any embryo transfer, that each party have independent legal counsel, and that the contract disclose how the surrogate’s medical expenses will be covered.1California Legislative Information. California Family Code Sections 7960-7962 Parentage actions can be filed before the child is born in the county where the surrogate resides, where the intended parents live, or where the medical procedures take place.
Connecticut’s framework goes further. Under the Connecticut Parentage Act, each intended parent becomes a legal parent by operation of law upon the child’s birth, and neither the surrogate nor her spouse has any parental rights.2Justia. Connecticut Parentage Act – Chapter 818 The state’s Department of Public Health then issues a replacement birth certificate naming the intended parents, either before or immediately after birth.3Justia. Connecticut Code 7-48a – Filing of Original Certificate of Birth
Nevada’s Chapter 126 covers gestational agreements, surrogate eligibility, independent legal consultation, and specific rules on both reimbursement and compensation.4Justia. Nevada Revised Statutes Chapter 126 – Parentage Washington’s Uniform Parentage Act requires intended parents to pay for the surrogate’s independent legal representation and requires the agreement to be signed before any medical procedures begin.5Washington State Legislature. Revised Code of Washington 26.26A.710 – Requirements of Gestational or Genetic Surrogacy Agreement
Michigan is the newest addition to this group. The state had previously criminalized surrogacy contracts. Governor Whitmer signed the Michigan Family Protection Act in April 2024, which repealed the criminal ban and legalized compensated surrogacy.6Governor of Michigan. Gov. Whitmer Signs Bills Decriminalizing Surrogacy and Protecting IVF The law took effect on April 1, 2025, making Michigan the last state to drop criminal penalties for surrogacy.
States That Permit Surrogacy With Conditions
Roughly 30 states allow surrogacy but attach strings. Statutes or case law support the practice, yet the outcome for intended parents can turn on marital status, state residency, genetic connection, or which county hears the case. Parentage orders may only be available after birth, and some courts require a non-genetic parent to take an additional adoption step.
Illinois has a detailed Gestational Surrogacy Act that explicitly allows compensation and requires the surrogate’s payments to be placed in escrow with an independent agent before medical procedures begin.7Justia. Illinois Compiled Statutes 750 ILCS 47 – Gestational Surrogacy Act Even with a well-developed statute, results can vary by venue and circumstances, which is why Illinois sits in this middle tier rather than the top one.
New York legalized gestational surrogacy in 2021 through the Child-Parent Security Act, reversing a longstanding ban.8New York State Department of Health. The Child-Parent Security Act – Gestational Surrogacy Agreements The law includes a surrogate’s bill of rights, mandatory health insurance coverage, and independent legal counsel, but it applies only when at least one intended parent and the surrogate are New York residents.
Texas, Florida, Oregon, Maryland, and Ohio are among the other states in this group. Surrogacy works in all of them, but the legal pathway is less predictable than in the fully permissive states, and local counsel matters.
States That Restrict or Ban Commercial Surrogacy
A few states actively discourage or prohibit paid surrogacy. The risks are real: contracts may be unenforceable, and in one state, criminal penalties can apply.
Louisiana is the most restrictive. Its statute limits enforceable gestational surrogacy agreements to married couples who create the child using only their own genetic material.9Justia. Louisiana Revised Statutes 9-2718 – Purpose and Intent Compensated surrogacy is treated as criminal in most situations, which makes Louisiana the only remaining state with that level of prohibition.
Nebraska takes a different route. Its statute declares that any contract compensating a woman for bearing a child who is not her husband’s is void and unenforceable.10Justia. Nebraska Revised Statutes 25-21,200 – Contract Void and Unenforceable Surrogacy still happens there, and courts do issue parentage orders, but the contract itself has no legal teeth. If the surrogate changes her mind on any term, intended parents have no contractual remedy. Arizona and Indiana have similar void-contract statutes.
For intended parents who live in restrictive states, the usual solution is to work with a surrogate who lives in a permissive one. The parentage order issued in that state is then recognized elsewhere under the Full Faith and Credit Clause of the U.S. Constitution.
Why the State You Choose Shapes Legal Parentage
Being named as the legal parent on the birth certificate is the whole point of the legal work, and the mechanism for getting there varies by state.
Pre-Birth Orders
In the most supportive states, courts issue a pre-birth parentage order during the pregnancy, typically in the third trimester. The order declares the intended parents as the child’s legal parents before birth, the hospital places their names on the original birth certificate, and the surrogate is never listed. California permits these actions to be filed in the county where the birth is expected, where the intended parents reside, or where the surrogacy agreement was signed.1California Legislative Information. California Family Code Sections 7960-7962 Connecticut goes further and attaches parentage automatically at birth without a separate court order.2Justia. Connecticut Parentage Act – Chapter 818
Post-Birth Orders
Where pre-birth orders aren’t available, intended parents obtain a post-birth parentage order after the child arrives. The end result is the same, but there’s a gap between birth and the court order during which the surrogate may technically retain legal authority over the newborn. Many contracts bridge that gap with a health care power of attorney so the intended parents can make medical decisions immediately.
International Intended Parents
The United States is one of the top destinations for international surrogacy. Under the Fourteenth Amendment, a child born to a surrogate on U.S. soil is a U.S. citizen, receives a U.S. birth certificate, and is entitled to a U.S. passport regardless of the intended parents’ nationality. International intended parents still need a parentage order through the pre-birth or post-birth process, and they will need the child’s passport before traveling home.
Not every surrogacy-friendly state handles international cases the same way. Some require at least one party to be a resident, which complicates matters for parents who live abroad. California, Nevada, and Connecticut are among the most commonly chosen states for international surrogacy because their statutes do not impose residency requirements on intended parents. Washington requires at least one party to be a state resident or at least one medical procedure to occur in the state.5Washington State Legislature. Revised Code of Washington 26.26A.710 – Requirements of Gestational or Genetic Surrogacy Agreement