Where Is Surrogacy Legal? A Guide for Potential Surrogates - Surrogacy.com
March 25, 2025
If you’re considering becoming a gestational surrogate, understanding surrogacy laws is essential. Since surrogacy is regulated at the state level in the U.S. and varies widely, it’s important to know where surrogacy is legal before moving forward. At Surrogacy.com, we’re here to support and guide you every step of the way.
Understanding Surrogacy Laws
Surrogacy laws differ depending on where you live, and knowing the details helps ensure that all parties are protected throughout the process. Here are a few key things to consider:
Gestational vs. traditional surrogacy. Most surrogacy arrangements today are gestational surrogacy, where the surrogate has no genetic link to the child. Traditional surrogacy, where the surrogate’s egg is used, is legally complicated and much less common.
Compensated vs. altruistic surrogacy. Some states allow compensated surrogacy, meaning surrogates receive financial compensation for their time and effort. Others permit only altruistic surrogacy, where the surrogate is reimbursed for medical and pregnancy-related expenses but does not receive additional compensation.
Legal protections. Surrogacy-friendly states have clear laws in place to protect both surrogates and intended parents. These legal safeguards ensure fair agreements, financial security, and a smooth process for everyone involved.
Whether you are just starting to research or ready to take the next step, understanding these considerations will allow you to make the best decisions.
Where Is Surrogacy Legal in the U.S.?
Surrogacy laws vary by state, and understanding these differences is important when choosing where to match with intended parents.
Surrogacy-friendly states. Some states have well-established surrogacy laws that provide strong legal protections for surrogates and intended parents. These include California, Connecticut, Illinois, Nevada, New Jersey, and Washington. Surrogacy contracts are legally recognized in these states, and parentage proceedings are straightforward.
States with restrictions or unclear laws. Some states allow surrogacy but have additional legal hurdles that can make the process more complex. Louisiana allows surrogacy only under specific conditions. Nebraska bans compensated surrogacy but allows altruistic arrangements. Michigan currently prohibits compensated surrogacy, though a new, more accommodating law was passed in 2024 and is expected to take effect on April 1, 2025. If you live in one of these states, working with a knowledgeable legal professional is essential.
States where surrogacy is prohibited. A handful of states either ban surrogacy outright or do not recognize surrogacy contracts, making the process legally complicated. Indiana does not enforce surrogacy agreements, and Arizona prohibits surrogacy contracts. If you live in one of these states, working with a surrogacy agency can help you explore options, such as partnering with intended parents in a surrogacy-friendly state.
What To Consider Before Becoming a Surrogate
Taking the time to consider these other aspects of surrogacy can help ensure a positive experience.
Medical requirements: Surrogates must have had at least one healthy pregnancy with no significant complications. A medical screening will be required.
Emotional readiness: Surrogacy is rewarding, but it’s also emotional. A strong support system and access to counseling can help navigate challenges.
Legal protections: A legally binding contract outlines expectations, compensation, medical procedures, and rights for both parties.
Being prepared physically, emotionally, and legally lays the foundation for a smooth and fulfilling surrogacy experience.
What’s Next?
If you’re considering surrogacy and want to learn more, start with our surrogacy compatibility form to take the next step. At Surrogacy.com, we provide guidance, resources, and support to ensure you feel informed and empowered throughout the process.