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Surrogacy
Surrogacy Laws by State
For the full text, please see The Human Rights Campaign website.

    The laws governing surrogacy agreements vary from state to state. State laws sometimes depend on the type of surrogacy agreement, such as gestational or traditional surrogacy. For more information about the types of surrogacy read the surrogacy basics article.

    Following is a list of the surrogacy laws in all 50 states and the District of Columbia. Click on a state name for more information about laws governing surrogacy in that state.

    Important note: The determination of parenting rights is always made on a case-by-case basis. If you are facing a parenting contest or are considering becoming a parent, you should consult with a lawyer licensed in your state and familiar with the laws regarding surrogacy.

Alabama Surrogacy Law
There is no provision on surrogacy in Alabama state law, but it appears to be permitted.
Alaska Surrogacy Law
There is no provision on surrogacy in Alaska state law.
Arizona Surrogacy Law
Arizona law is unclear on the issue of surrogacy agreements.
Arkansas Surrogacy Law
There is no provision on surrogacy in Arkansas state law, but it appears to be permitted.
California Surrogacy Law
There is no provision on surrogacy in California state law, but it appears to be permitted.
Colorado Surrogacy Law
There is no provision on surrogacy in Colorado state law.
Connecticut Surrogacy Law
There is no provision on surrogacy in Connecticut state law, but it appears to be permitted.
Delaware Surrogacy Law
There is no provision on surrogacy in Delaware state law, but it appears to be prohibited.
District of Columbia Surrogacy Law
District of Columbia law prohibits surrogacy agreements.
Florida Surrogacy Law
Florida law permits surrogacy agreements for married couples only.
Georgia Surrogacy Law
There is no provision on surrogacy in Georgia state law.
Hawaii Surrogacy Law
There is no provision on surrogacy in Hawaii state law.
Idaho Surrogacy Law
There is no provision on surrogacy in Idaho state law, but it appears to be permitted.
Illinois Surrogacy Law
Illinois law permits surrogacy agreements for gestational surrogacy, and unclear for traditional surrogacy.
Indiana Surrogacy Law
Indiana law does not enforce surrogacy agreements.
Iowa Surrogacy Law
There is no provision on surrogacy in Iowa state law.
Kansas Surrogacy Law
There is no provision on surrogacy in Kansas state law, but contracts appear to be unenforceable.
Kentucky Surrogacy Law
There is no provision on surrogacy in Kentucky state law, but it appears to be permitted for uncompensated contracts.
Louisiana Surrogacy Law
Louisiana law prohibits holds traditional surrogacy agreements void and unenforceable when compensated. there are now laws for uncompensated traditional or gestational surrogacy.
Maine Surrogacy Law
There is no provision on surrogacy in Maine state law.
Maryland Surrogacy Law
Maryland state law is unclear on surrogacy, related laws may hold compensated agreements unenforceable..
Massachusetts Surrogacy Law
Massachusetts has no laws to surrogacy contracts, but several case has upheld the contracts.
Michigan Surrogacy Law
Michigan law prohibits compensated surrogacy agreements. Also the contracts are void and unenforceable.
Minnesota Surrogacy Law
There is no provision on surrogacy in Minnesota state law, but there have been cases where agreements were upheld in court.
Mississippi Surrogacy Law
There is no provision on surrogacy in Mississippi state law.
Missouri Surrogacy Law
Missouri state law is unclear on surrogacy contracts.
Montana Surrogacy Law
There is no provision on surrogacy in Montana state law.
Nebraska Surrogacy Law
Nebraska law prohibits compensated surrogacy contracts, but may uphold uncompensated contracts..
Nevada Surrogacy Law
Nevada law permits surrogacy agreements for married couples only.
New Hampshire Surrogacy Law
New Hampshire law permits surrogacy agreements for married couples only.
New Jersey Surrogacy Law
New Jersey law permits uncompensated gestational surrogacy contracts.
New Mexico Surrogacy Law
New Mexico law permits uncompensated surrogacy contracts.
New York Surrogacy Law
New York law prohibits surrogacy contracts and are unenforceable.
North Carolina Surrogacy Law
There is no provision on surrogacy in North Carolina state law, but it appears to be permitted.
North Dakota Surrogacy Law
North Dakota law states that traditional surrogacy contracts unenforceable, yet restational surrogacy contracts are enforcable.
Ohio Surrogacy Law
Ohio state law is unclear on surrogacy, however some courts have decided favorably.
Oklahoma Surrogacy Law
There is no provision on surrogacy in Oklahoma state law, but it appears to permitted only with uncompensated contracts..
Oregon Surrogacy Law
Oregon law permits only uncompensated surrogacy contracts.
Pennsylvania Surrogacy Law
Pennsylvania state law is unclear on surrogacy. The courts have upheld contracts that were estabilishe with a legally recognized agency.
Rhode Island Surrogacy Law
There is no provision on surrogacy in Rhode Island state law, but it appears to be permitted.
South Carolina Surrogacy Law
South Carolina state law is unclear on surrogacy, yet case law seems to favor surrogacy contracts..
South Dakota Surrogacy Law
There is no provision on surrogacy in South Dakota state law.
Tennessee Surrogacy Law
Tennessee law permits surrogacy agreements for married couples only.
Texas Surrogacy Law
Texas law permits gestational surrogacy contracts for married couples only.
Utah Surrogacy Law
Utah law allows gestational surrogacy contracts.  
Vermont Surrogacy Law
There is no provision on surrogacy in Vermont state law, but it appears to be permitted.
Virginia Surrogacy Law
Virginia law permits uncompensated surrogacy contracts for married couples only.
Washington Surrogacy Law
Washington law permits uncompensated surrogacy agreements.
West Virginia Surrogacy Law
There is no provision on surrogacy in West Virginia state law, but it appears to be permitted.
Wisconsin Surrogacy Law
Wisconsin state law is unclear on surrogacy.
Wyoming Surrogacy Law
There is no provision on surrogacy in Wyoming state law.

The legal information provided here is provided as a basic information only. It is not designed to serve as legal advice. Please contact a surrogacy lawyer is your state. AllAboutSurrogacy.com does not warrant that this information is current or comprehensive.



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