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Surrogacy Legislation by State

The legislation for surrogacy and egg donation in the United States varies from state to state, and in some cases, laws can vary even by county or other local jurisdictions.

This data is meant to serve as an interactive, informative guide to the current surrogacy legislation in each state or district for 2022. However, it is merely an overview of the laws and practices, and does not replace consultation with a legal authority.

Please note that pending surrogacy legislation has been added or notated in every situation where possible, yet, you must always check with your local legal counsel or authorities for the most up to date information on current laws and practices.

Interactive Map of surrogacy Laws by US State

Click on your state via the map or links to states (above and below) to see the current law on surrogacy in your jurisdiction.

The color key indicates the type of legislation per state:

Blue - Surrogacy is completely legal and permissible for couples and single intended parents of all orientations.

Blue - Surrogacy is completely legal and permissible for couples and single intended parents of all orientations. In addition, pre-birth orders are granted throughout the state and both parents are listed on the child's birth certificate. Click the state via the link below or on the map to see the individual and specific legal requirements.

Light Blue - Surrogacy is allowed however there may be extenuating circumstances or legal procedures necessary,

Light Blue - Surrogacy is allowed however there may be extenuating circumstances or legal procedures necessary, for example, additional post-birth legal adoption procedures may be required. Click the state via the link below or on the map to see the individual and specific legal requirements.

Yellow - Surrogacy is allowed, yet, there are some significant legal restrictions.

Yellow - Surrogacy is allowed, yet, there are some significant legal restrictions. In Yellow states, currently only half of them will provide pre-birth orders, with others providing orders only post-birth, or none at all.

Purple - Surrogacy practices are severely restrictive.

Purple - Surrogacy practices are severely restrictive and any intended parent should proceed with extreme caution to the laws, regulations and local practices in these states.

Red - Surrogacy is not practiced.

Red - Surrogacy is not practiced. In addition, any and all contracts for compensated surrogacy of any form are Illegal, unenforceable, and in some cases may be punishable by law.


Will I require an attorney or legal representation in my state?

In all cases, and in all states, you must retain the services of a licensed attorney in your state, and it is highly recommended to choose one who specializes in reproductive law. There is no state, district, nor jurisdiction in which there is an exception to legal representation being a necessity.

When do I need to retain legal counsel in order to have a surrogate assisted birth?

Choosing your legal representation for your surrogacy journey is recommended as one of the first steps you should take when embarking on the journey of building your family through surrogacy or egg donation.

If surrogacy is illegal or highly restrictive in my state, do I have to move in order to become a parent?

In short, no, you do not automatically need to relocate to be an intended parent of a child born through surrogacy. There are ways to enlist an attorney, agency and surrogate in a nearby state or jurisdiction which is more surrogacy-friendly to begin and complete your journey.

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