Note: This article has been reviewed by Vorzimer Masserman Fertility & Family Law Center, recognized authorities in surrogacy and reproductive law. Notwithstanding this review, the information provided herein is for general informational purposes only and should not be construed as legal advice. The content is current as of May 6, 2025, but laws and regulations may change over time. Readers are strongly advised to seek independent legal counsel tailored to their individual circumstances prior to entering into any surrogacy or related reproductive arrangement.
Surrogacy is not universally regulated across the United States. Instead, the legality of surrogacy arrangements is managed at a state level and varies by state. The legal framework for surrogacy is influenced by factors such as whether the surrogacy is traditional (where the surrogate uses her own egg) or gestational (where the surrogate carries an embryo created with the intended parents’ or donors’ gametes).
To help clarify, we’ve categorized states into four groups:
- Most surrogacy friendly states with pre-birth orders: These states have favorable surrogacy laws, allowing intended parents to work with a gestational carrier with straightforward legal processes for establishing parentage, meaning intended parents can be listed on the birth certificate without the need for post-birth legal action.
- Most surrogacy friendly states with post-birth orders: These states have favorable surrogacy laws, allowing intended parents to work with a gestational carrier with straightforward legal processes for establishing parentage post-birth.
- Surrogacy permitted with conditions: These states have more complex or restrictive surrogacy laws that may limit access to surrogacy services under certain conditions. The laws vary widely and may depend on factors such as the intended parents’ marital status or the type of surrogacy arrangement.
- Surrogacy restricted: In these states, surrogacy is often expressly prohibited or heavily restricted. Some may consider the woman who gives birth to be the legal mother, even if she’s not genetically related to the child. As a result, biological parents may need to go through an adoption process to establish parental rights.
Understanding the legal landscape of surrogacy can be complex, but knowing which category your surrogates home state falls into is a critical first step.
Most Surrogacy Friendly States with Pre-Birth Orders
The following states have laws that explicitly permit and regulate surrogacy, offering legal protections for both intended parents and surrogates and an established pathway for the recognition of parentage via pre-birth orders, recognizing parentage prior to birth which allows intended parents to be named on the original birth certificate.
- California: California is the most surrogacy friendly state in the U.S. Pre-birth and post-birth parentage orders are permitted and may be obtained regardless of the marital status or sexual orientation of the intended parent(s) and regardless of whether they used their own gametes or donated sperm and/or eggs. Post-birth adoptions are also available to those who are unable to obtain a parentage order: if the couple is unmarried they may proceed with a second-parent adoption (requires home study and hearing) and if the couple is married they may proceed with a stepparent adoption (does not require home study or hearing).
- Colorado: Gestational surrogacy is expressly permitted by statute and the requirements and enforcement of surrogacy arrangements are specifically and clearly established in Colorado Revised Statutes, §19-4.5-101 et. seq. So long as the parties comply with the statutory requirements, pre-birth parentage orders are issued in Colorado regardless of the genetic relationship (or lack thereof) to the child and regardless of whether the Intended Parent(s) are single or a couple, married or unmarried, same-sex or heterosexual. If the parties have not complied with the requirements in the statute, a court may determine parentage based on the parties’ intent. Second-parent and stepparent adoptions are permitted, but are usually unnecessary in surrogacy arrangements due to the availability of pre-birth parentage orders.
- Connecticut: The Connecticut Parentage Act (2022), C.G.S. Section 46b-450 et. seq. permits gestational surrogacy and sets forth the requirements for a gestational surrogacy agreement as well as the procedures for the petition for a pre-birth or post-birth judgment of legal parentage. The requirements for surrogacy agreements are set forth in Sections 46b-523 and 46b-524; and Section 46b-531 provides the requirements and procedure for the petition for a judgment of parentage. Section 7-48a provides that, with a judgment of parentage as per Section 46b-531, the CT Registrar of Vital Statistics shall name the intended parent(s) under the gestational agreement as the parent(s) of the child on the Child’s birth certificate. Providing there is compliance with the statutory requirements, pre-birth orders are granted (including when the Intended Parent(s) is/are any combination of the following: single or a couple, married or unmarried, heterosexual or same-sex, and regardless of biological/genetic relationship to the child).
- Delaware: The Gestational Carrier Agreement Act of 2013 expressly permits gestational surrogacy in the state. Delaware allows for clear steps in naming all types of Intended Parents as the legal parents prior to the birth via a pre birth order. If a parentage order is unable to be obtained (e.g., in the case where the surrogate resides in a state that does not permit pre-birth orders), then Delaware allows for second-parent and stepparent adoptions.
- District of Columbia – The Code of the District of Columbia, Chapter 4, Section 16 – 401-412 passed in 2016 permits all types of surrogacy. The statute clearly lays out all requirements for the surrogacy agreement and for the parentage process. Under the DC law, one of the parties must reside there or the birth must have occurred there in order to obtain a DC pre-birth order.
- Georgia: Despite no statutory or case law directly addressing surrogacy contracts in Georgia, it is a favorable state for gestational surrogacy. Courts typically uphold surrogacy agreements and pre-birth parentage orders are usually granted in most circumstances, including when the Intended Parent(s) are a same-sex or heterosexual couple, a single Intended Parent, and/or when neither Intended Parent shares a genetic relationship with the child. With the pre-birth order, intended parent(s) are automatically named on the birth certificate.
- Idaho – Gestational surrogacy is expressly permitted by statute in Idaho. The law provides for recognition of gestational agreements if they meet certain statutory requirements and are validated by the court. After an agreement is validated by the court (the pre-birth order) and the birth of the child occurs, a notice of birth is filed with the court. Then, the court will issue a final parentage order declaring the intended parent(s) as the legal parent(s) of the child and ordering vital records to issue a birth certificate with the intended parent(s) name(s). Idaho will recognize one or two intended parent(s), regardless of biological connection to the child, sexual orientation of the intended parent(s), and marital status of intended parents.
- Maine: Maine Parentage Act Title 19A Chapter 61, effective July 1, 2016, permits surrogacy, and pre-birth parentage orders can readily be obtained in nearly all gestational surrogacy situations, regardless of sexual orientation, gender identity, marital status, or genetic connection to the child. In Maine, there is always a brief hearing.
- Maryland: Maryland allows pre-birth orders for surrogacy, which recognize the intended parents as the legal parents of the child before birth. Maryland has few restrictions on surrogacy, and pre-birth orders can be obtained by married and unmarried couples, as well as individuals. The intended parents do not need to have a genetic connection to the child.
- Massachusetts: Massachusetts has no specific laws that regulate surrogacy, but it recognizes surrogacy agreements, particularly gestational surrogacy, and courts will generally enforce contracts as long as they are legally sound. Pre-birth orders, post-birth orders, or both can be obtained for intended parents regardless of their marital status or their biological connection to the child.
- Michigan: The Assisted Reproduction and Surrogacy Parentage Act, effective as of April 1, 2025, expressly permits surrogacy agreements provided the parties comply with the statutory requirements, including at least one party is a resident of MI and all parties be represented by an attorney licensed in MI for the duration of the term of the agreement. A genetic connection is not required between the intended parents and the child. The statute provides that the intended parents are the legal parents. Pre- and Post-birth parentage orders are issued in Michigan.
- New Hampshire: N.H.Rev.Stat.Ann. 168-B expressly permits gestational surrogacy. Pre-birth parentage orders can be readily obtained by all types of intended parents. The Intended Parent(s) or the surrogate may file a petition for pre-birth order.
- Nevada: Nevada allows intended people of any marital status, gender or sexual orientation to enter into surrogacy arrangements. In addition, the law provides recipients of egg, sperm and embryo donation with legal protections, making Nevada extremely surrogacy-friendly.
- New Jersey: In 2018, the New Jersey Gestational Carrier Agreement Act was passed, which made the state officially surrogacy-friendly. In this state, gestational agreements are legal and enforceable as long as they meet any statutory requirements. Pre-birth parentage orders can be readily obtained by all types of intended parents.
- New York: New York Fam. Ct. Act Article 5-C, also known as the “Child-Parent Security Act”, effective February 15, 2021, allows for compensated gestational surrogacy, codifying the enforcement of compliant gestational surrogacy agreements, and parentage orders able to be granted pre-birth. Pre-birth parentage orders can be readily obtained by all types of intended parents. Due to state licensing laws, NewGen Families is not currently able to work with surrogates who reside in the state of New York but can work with intended parents who do.
- Oregon: There are no statutes or published case law specifically permitting or prohibiting surrogacy in the state. Nevertheless, pre-birth orders are typically granted when at least one intended parent is genetically related to the child, but they can also be granted when neither parent is genetically related, but results may vary by county.
- Texas: Tex. Fam. Code 160.751 through 160.763 permits gestational surrogacy arrangements and sets forth the requirements for a valid and enforceable surrogacy contract. Pursuant to the applicable statutes, a pre-birth order may be granted so long as the gestational carrier agreement is first found to by a Texas court to be in compliance with the statutory requirements and is thereby validated. Surrogacy laws in Texas typically only permit married couples to receive parentage orders, but courts sometimes issue parentage orders to unmarried couples or individuals who pursue surrogacy in Texas. Texas also requires that there be a medical necessity for surrogacy (Section 160.756 (b)(2)).
- Vermont: The Vermont Parentage Act, Title 15c, V.S.A. stat. 801-809, permits parentage using a gestational carrier and requires a gestational carrier agreement between a gestational carrier and the Intended Parents. The Intended Parent(s) can be married or unmarried, a heterosexual or same-sex couple or single, and even if neither Intended Parent is genetically related to the child. A pre- or post-birth parentage order can be obtained by any party to the gestational carrier agreement.
- Washington: Washington allows for surrogacy contracts to be legally enforceable in the courts and all types of intended parents can obtain pre-birth orders and be listed on the birth certificate.
Surrogacy friendly with Post-Birth Orders
- Florida: Florida has surrogacy-friendly laws for all types of intended parents. While pre-birth orders can be obtained prior to birth, these are not legal declarations of parentage. Instead, these pre-birth orders are used to authorize access and make medical decisions at the hospital. A petition for a post-birth order needs to be filed within 72 hours of delivery. The Florida Bureau of Vital Statistics honors Florida court parentage orders and will prepare an amended birth certificate. This process does not require an appearance in court.
- Texas: If single or unmarried and engaging in gestational surrogacy in Texas, a post-birth order may be required.
States that permit surrogacy with considerations
In some states, surrogacy comes with various considerations and results may vary.
- Arkansas: Pre-birth parentage orders are generally issued to married same-sex or heterosexual couples or single intended parents where at least one is a genetic parent. For unmarried same-sex or heterosexual couples, only the genetic intended parent will be granted a pre-birth order whereas the non-genetic intended parent must then complete a second-parent adoption outside of Arkansas to secure their legal parental rights. Stepparent adoptions are available to married heterosexual couples in Arkansas who are unable to obtain a pre-birth parentage order.
- Alaska: There are no specific laws governing surrogacy in the state but Intended Parents are able to obtain pre-birth orders in the court using pre-birth medical affidavits for gestational surrogacy arrangements by working with a qualified legal professional in Alaska. All types of intended parents can also obtain birth certificates in their names.
- Alabama: Alabama expressly permits the practice of surrogacy. Recent additions to the Alabama Code allow for maternity to be proven by birth or through an adjudication. Ala. Code § 26-17-201(a) (2019) (outlining how maternity is determined). Pre-birth parentage orders will usually be issued to a single Intended Parent, or to Intended Parents who are married. Unmarried Couples can only obtain a pre-birth parentage order for one of the parents and then subsequently file for a stepparent adoption once they are married. Second-parent adoptions are prohibited in Alabama. There are no requirements in the law that require that the embryo utilized in a surrogacy be genetically related to the Intended Parent(s). In fact, § Ala. Code 26-17-702 provides that a married couple who has a child created from donated sperm, eggs, or “both” under the supervision of a licensed physician are the legal parents of that child. The comments to that law extend this to single intended parents as well. It is important to note that on February 16, 2024, in LePage v. The Center for Reproductive Medicine, the Alabama Supreme Court held that embryos are children for purposes of the Wrongful Death of a Minor Act, §6-5-391, Ala. Code 1975. Very quickly thereafter, the Alabama legislature passed and the governor signed into law SB 159 which provides immunity against civil or criminal action for any individual or entity when providing or receiving services related to in vitro fertilization.
- Arizona: Arizona expressly prohibits surrogacy under Arizona Revised Statute § 25-218, thus making surrogacy contracts statutorily unenforceable. Nevertheless, following a 1994 Arizona court decision allowing the Intended Parents to rebut the presumption that the Gestational Carrier is the legal mother, Arizona courts began granting pre-birth orders (while still maintaining that the underlying contracts are unenforceable). Pre-birth orders are now routinely granted when both the Intended Parents (whether married or unmarried) are genetically related to the child. They are also granted when an egg or sperm donor is used and at least one of the Intended Parents is genetically related to the child AND the Intended Parents are married.
- An intended father who is the biological contributor can be listed on the birth certificate without any order through the use of a paternity affidavit in conjunction with a denial of paternity affidavit by the gestational carrier’s husband if the gestational carrier is married. The non-biological parent in a same sex unmarried couple may have to pursue an adoption outside of Arizona depending on the circumstances.
- When neither Intended Parent shares a genetic relationship to the child, a parentage order will not be possible, and an individual or married couple must instead wait until after the child’s delivery to file for an adoption. Second-parent adoptions are prohibited in Arizona, leaving unmarried couples with no genetic relation to the child with little to no recourse for securing parental rights for both of them unless they secure parental rights for one of them in Arizona via a private adoption and then they go outside the state to obtain a second-parent adoption.
- Hawaii: There are no statutes or published case law specifically permitting or prohibiting surrogacy. In Hawaii, legal parentage is declared after the birth of the surrogacy-born child because courts in Hawaii do not issue pre-birth orders. Intended parents who are genetically related to the child can obtain a post-birth order. Any Intended Parent who is not genetically related to the child will be required to complete a post-birth adoption to secure his or her legal parental rights: a married couple may complete a stepparent adoption, an unmarried couple may complete a second parent adoption (although results may vary by county and judge), and a single Intended Parent (who used a sperm and/or egg donor) must complete either a full adoption or paternity case.
- Illinois – Illinois has some of the most comprehensive and detailed statutory provisions that address surrogacy, codified together as Illinois Gestational Surrogacy Act,750 ILCS 47/1 – 47/75. The Act expressly permits gestational surrogacy, sets forth the specific contractual requirements for an enforceable agreement, establishes the legal parental rights of the Intended Parent(s), and – most notably – provides that any Intended Parent(s) who comply with and satisfy the statutory requirements are required to be named on the child’s birth certificate, thus bypassing the need for court action to obtain parental rights. Therefore, pre- and post-birth parentage orders are typically unnecessary, but still available, where the Intended Parent(s) and Gestational Carrier enter into a valid surrogacy contract and where at least one of the Intended Parent(s) is genetically related to the child. An Illinois court will grant a parentage order as long as at least one intended parent has a genetic connection to the child.
- A parentage order must be secured for international intended parent(s) in order for their parental rights to be recognized and honored in their home country.
- A parentage order must be secured for international intended parent(s) in order for their parental rights to be recognized and honored in their home country.
- Iowa: Pre-birth and post-birth orders are permitted in Iowa. However, only partial pre-birth parentage orders are granted, and are only available to Intended Fathers (not mothers) who are genetically related to the child. A non-genetic Intended Parent (Father or Mother) will be required to complete a post-birth adoption process to secure his or her parental rights, while a genetically related Intended Mother will be established by a post-birth parentage order. Intended Parents will also need to terminate the surrogate’s, and the surrogate’s husband’s (if applicable), parental rights through the pre- and post-birth parentage orders.
- Indiana: Surrogacy contracts in Indiana are void and unenforceable. While the enforcement of surrogacy agreements may be questionable in Indiana, the Indiana courts have granted pre-birth orders in many circumstances, including when donor material is used by the intended parent(s). Second parent and step-parent adoptions are permitted in the state.
- Kansas: In Kansas, gestational surrogacy is governed by the Kansas Uniform Parentage Act and the Adoption Code. No statute or case law prevents it. Kansas courts typically approve a pre-birth parentage order for heterosexual couples using their own embryos but results may vary. Courts in most counties are known to regularly issue pre-birth orders if at least one parent is genetically related to the child. If the Intended Parent is single or not legally married that parent must pursue the journey as a single intended parent or file a paternity action. If the Intended Parents are married and only one is genetically related to the child, the non-biological parent can pursue a second-parent adoption.
- Kentucky: Pre-birth parentage orders will usually be granted to intended parents who are married when at least one shares a genetic relationship with the child, and to single intended parents who are genetically related to the child. Unmarried couples, regardless of genetic relationship to the child, as well as non-genetic Intended Parents will typically be required to complete a post-birth adoption in order to secure their parental rights.
- Massachusetts: Massachusetts surrogacy courts grant pre-birth parentage orders when at least one intended parent is genetically related to the child, regardless of marital status and to individuals who have a genetic the child born via surrogacy.
- Minnesota: There are no statutes or published case law specifically permitting or prohibiting surrogacy. Some courts in Minnesota will grant pre-birth orders establishing the intended parents as the legal parents of the child, but results vary by county and judge. A post-birth parentage order can be obtained for any intended parent (single/couple, married/unmarried, same-sex/heterosecual), including those without a genetic connection to the child.
- Missouri: Missouri has no statutes or published case law specifically permitting or prohibiting surrogacy. Missouri allows pre-birth hearings, but parentage orders for single intended genetic parents or married intended parents where at least one of them is a genetic parent cannot be finalized until post-birth. Under certain circumstances, attorneys have had success applying MOUPA to secure a parentage action for a single intended parent without a genetic connection. The parties usually attend a hearing with local counsel. Missouri’s parentage process is more burdensome for unmarried intended parents where only one intended parent is genetically related to the child.
- Mississippi: Surrogacy is permitted and practiced because there is no statute or case law that prohibits it. However, Mississippi courts are prone to granting pre-birth orders. If neither intended parent is genetically related to the child, a pre-birth order is still possible.
- Montana: Montana does not have any statutory law or published case law that expressly permits or prohibits surrogacy. Nevertheless, Montana courts generally grant pre- or post-birth orders before the birth of the baby if at least one of the intended parents has a genetic connection to the child. However, the final decision rests with the judge, and outcomes can differ.
- North Carolina: There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, it may be possible to obtain a pre-birth order in certain counties and in certain scenarios. Pre-birth orders are typically granted to married heterosexual or same-sex couples and single intended parents if they are genetically related to the child. North Carolina is not friendly for unmarried heterosexual or same-sex couples.
- North Dakota: N.D. Cent. Code 14-18 expressly permits gestational surrogacy. Pre-birth orders are granted to unmarried or married couples if at least one partner has a genetic connection to the child born via surrogacy. Single intended parents with a genetic link to their child can also be issued a pre-birth order. If neither Intended Parent is genetically related to the child, it is possible but unclear whether a pre-birth order will be granted. Stepparent and second-parent adoptions are available for those who are unable to obtain a parentage order.
- New Mexico: N.M. Stat. Ann. 40-11A-801 provides that a person who provides eggs, sperm, or embryos for or consents to assisted reproduction per the New Mexico Uniform Parentage Act with the intent to be a parent of the child is a parent of the resulting child. New Mexico courts typically grant pre-birth parentage orders to married and partnered couples so long as there is at least some genetic connection. Depending on the circumstances and the overseeing judge, married and unmarried couples with no genetic link may also be granted a parentage order.
- Ohio: An Ohio court in a court case, J.F. v. D.B., 879 N.E.2d 740 (2007), held that surrogacy does not violate any public policy and therefore gestational surrogacy is permitted. While pre-birth orders are granted in Ohio, they are discretionary, meaning they are somewhat variable depending on the county and judge. However, most counties will issue a pre-birth order for married intended parents, unmarried heterosexual couples, or singles regardless of genetics.
- Oklahoma: The Oklahoma Gestational Agreement Act, effective May 15, 2019, legalized gestational surrogacy and established the framework for such contracts’ enforceability as well as the conditions in which pre-birth parentage orders are to be granted. The gestational carrier agreement must first be validated by the court prior to any embryo transfer. Then, a pre-transfer parentage order may be obtained by a single Intended Parent or by a couple, as long as one parent is genetically related to the child.
- Pennsylvania: Surrogacy in Pennsylvania is considered “somewhat friendly.” Although there is no explicit case law or legislation, the Pennsylvania Superior Court has struck down lower-court decisions that deny surrogacy contracts and Intended Parents’ rights. But in absence of legislation, the availability of parental orders still varies throughout the state.
- Rhode Island: The Rhode Island Uniform Parentage Act, R.I. Gen. Laws § 15-8.1, et seq., effective January 1, 2021, expressly permits gestational surrogacy agreements provided they meet the statutory requirements, one of which is that at least one of the intended parents is a US resident. Intended Parents do not need to be genetically related to the resulting child. Before the birth of a resulting child, any party to the gestational surrogacy agreement may commence a proceeding to obtain a birth order.
- South Carolina: Surrogacy is permitted and practiced because there is no statute prohibits it. Mid-South Ins. Co. v. Doe, 274 F.Supp.2d 757 (2003) suggests gestational surrogacy contracts are permissible and enforceable. The parentage process in South Carolina is a two-step process. Courts will grant a temporary pre-birth order establishing the joint parental rights and permitting intended parent(s)’ names to be listed on the child’s birth certificate. The temporary order is finalized after birth.
- South Dakota: There are no statutes or published case law specifically permitting or prohibiting surrogacy. However, courts in South Dakota grant pre-birth declaratory judgments of parentage regardless of marital status, sexual orientation, or genetic relationship to the child. As such, gestational surrogacy is freely practiced in South Dakota.
- Tennessee: Tenn. Code Ann. 36-1-102(48) neither permits nor prohibits surrogacy, but merely defines it. A pre-birth order is only possible when at least one of the Intended Parents shares a genetic connection with the child. Only the genetically related Intended Parent will be named on the parentage order, however, and the non-genetic Intended Parent will thereby be required to complete a second-parent or stepparent adoption after the child is born. If there are two intended parents and only one of them is a genetic parent, they must be married to each other in order to be able to complete the post-birth adoption process. A single intended parent, who is genetically related, can also obtain a pre-birth order, along with an order disestablishing the parentage of the gestational carrier.
- Utah: Once a surrogacy contract is approved, married parents can obtain a pre-birth parentage order regardless of the genetic connection to the child; these orders are issued even for married couples who have used a donor egg or donor sperm in their embryo. Utah is not favourable to unmarried couples or singles.
- Virginia: Virginia’s Status of Children of Assisted Conception Act , permits surrogacy and upholds the enforceability of a surrogacy contract that complies with the statutory requirements therein. However, instead of filing for a pre- or post-birth parentage order, Intended Parents can only establish their legal parental rights through one of two ways: either through the court-approved model, or the non-court approved model.
- The court-approved model requires the court’s pre-approval prior to the embryo transfer, a home study, and a court hearing.
- The non-court approved model requires the Intended Parents to file a Surrogate Consent and Report form with the Birth Registrar at least three days following the child’s birth. The non-court approved model, otherwise referred to as “the administrative process”, is well-established and is commonly used.
- Note that the statute does require the Intended Parents if there are two to be married, but applies equally to all sexes.
- Also note, as with any administrative process, it is still recommended that for a same-sex couple they also obtain a parentage order in their home state if that is not Virginia, or that they do a parallel parentage action in Virginia if they reside there.
- Wyoming: Wyoming does not have specific surrogacy laws and does not allow for pre-birth orders, however, there have been cases of intended parents filing a Stipulated Petition to Establish Parentage at 20 weeks to ensure a final parentage order can be submitted as soon as the child is born. Surrogacy in Wyoming is rare due to practical considerations. Consequently, there is insufficient data to determine how a Wyoming court may rule on a parentage order or on what prospective Intended Parents may anticipate in their surrogacy process.
- Wisconsin: Paternity of F.T.R., Rosecky v. Schissel (2013) expressly permits traditional surrogacy and in practice, implicitly permits gestational surrogacy. Surrogacy contracts will be upheld so long as they are not contrary to the child’s best interest. In most Wisconsin surrogacy cases, intended parents can obtain a pre-birth interlocutory order (with a final order issued after birth), regardless of marital status and genetic relationship. However, in cases where intended parents cannot obtain these orders, an adoption after birth may be necessary.
- West Virginia: W.VA Code 61-2-14h(e)(3) permits gestational surrogacy. Courts are generally favorable to single intended parents and married couples where one or both have used their own gametes in their surrogacy journey. In these cases, the courts will usually issue a pre-birth parentage order. It’s likely that married intended parents who use a donor embryo and have no genetic relationship to their child can also obtain a pre-birth parentage order. West Virginia is not favorable for unmarried intended parents.
States Where Surrogacy is Restricted
- Louisiana: Louisiana bans commercial surrogacy and severely restricts surrogacy arrangements. While gestational surrogacy is allowed, the surrogate cannot be compensated beyond her medical expenses.
- Nebraska: R.R.S. Neb. 25-21, 200 declares compensated surrogacy contracts to be void and unenforceable, but not illegal, so the language of the statute does allow surrogacy practice without a guarantee of enforceability. Therefore, working with a surrogacy agency to facilitate a commercial surrogacy arrangement in Nebraska is not safe.
Key Legal Considerations
- Parentage and Birth Certificates: One of the most important aspects of surrogacy law involves establishing parental rights. In many states, intended parents can secure a pre-birth order that grants them parentage before the child is born and allows their names to appear automatically on the birth certificate. Some states require the legal parentage to take place post birth.
- Surrogacy Contracts: While surrogacy agreements are generally enforceable in states that support surrogacy, the contract must be carefully drafted by experienced attorneys to comply with state laws. Courts often review the contract before surrogacy arrangements proceed to ensure that the rights and responsibilities of both the surrogate and the intended parents are clearly defined.
- Compensation vs. Altruistic Surrogacy: Commercial surrogacy (where the surrogate is paid beyond medical expenses) is allowed in some states, but other states only allow altruistic surrogacy (no additional compensation).
- Experienced Attorneys: It is essential to work with experienced attorneys who practice in the state where your surrogate resides to ensure all relevant state laws are followed.
