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. An informative overview of what each color category specifically means is included below this map.

*Note: Don’t miss the second map below this section, which will you understand which states are ‘Pre-Birth Order’ vs. ‘Post-Birth Order’ States. This is also important information to know before you begin your journey!

Surrogacy Friendly vs. Prohibitive States Pre-Birth Order vs. Post-Birth Order

Select the state to read more details

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

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.

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.

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

Avoid proceeding

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

Pre-Birth vs. Post-Birth Order States

Pre-birth Order Post-birth Order
See definitions of each below this map.

Select the state to read more details

Pre-birth order

Post-birth order