United States Surrogacy Law Map

This map represents a continuum from the states which have laws most favorable towards surrogacy through those which are the least supportive. By clicking in the two buttons below, you may also view this map in the context of which states allow pre-birth orders vs. post birth orders. For your background, an informative overview around each color category as well as definitions around the difference between pre-birth orders and post-birth orders are all included below this map.

Pre-birth order Post-birth order
Pre-birth order

A pre-birth order declares the intended parents as legal parents of the child, before the child is born. With a pre-birth order, the hospital is required to write the names of the intended parents on the child’s birth certificate.

Post-birth order

A post-birth order is issued the same day as the post-birth hearing, after the baby is born. It establishes the intended parents as legal parents of the child and orders that they’re placed on the birth certificate.

Very favorable to surrogacy
  • Surrogacy is permitted for all parents
  • Pre-birth orders are granted throughout the state
  • Both parents are named on the birth certificate

Click below for more detailed information on each state in this category:

CA, CT, DC, DE, ME, NH, NJ, NV, RI, VT, WA

Less favorable, though permitted:
  • Results may be dependent on various factors or venues
  • In some birth states additional post-birth legal procedures may be required
  • Both parents are named on the birth certificate.

Click below for more detailed information on each state in this category:

AL, AK, AR, CO, FL, GA, HI, IL, IA, KS, KY, MA, MD, MN, MO, MS, MT, NC, ND, NM, NY, OH, OK, OR, PA, SC, SD, TX, UT, WI, WV

Note: The state where the baby is born must have a procedure to allow both parents to be named on the birth certificate without action in another state.

Advise proceeding with caution:
  • Compensated Surrogacy is practiced, potentially in the absence of a ban, so there are potential legal concerns or extra steps, or results may be inconsistent.
  • Both parents named on the birth certificate.

Click below for more detailed information on each state in this category:

ID, TN, VA, WY

Take extreme caution
  • Compensated Surrogacy is practiced, potentially in the absence of a ban
  • Courts issue parentage orders, however surrogacy contracts are void and unenforceable by statute.
  • Both parents named on birth certificate

Click below for more detailed information on each state in this category:

AZ, IN

Avoid proceeding
  • Statute or published case law prohibits compensated surrogacy contracts (or makes it criminal in many cases) OR
  • A birth certificate naming both parents cannot be obtained.

Click below for more detailed information on each state in this category:

LA*, MI, NE

Pre-Birth or Post-Birth?

Pre-birth order

A pre-birth order declares the intended parents as legal parents of the child, before the child is born. With a pre-birth order, the hospital is required to write the names of the intended parents on the child’s birth certificate.

Post-birth order

A post-birth order is issued the same day as the post-birth hearing, after the baby is born. It establishes the intended parents as legal parents of the child and orders that they’re placed on the birth certificate.

Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.