Surrogacy Basics: Where Is Surrogacy Legal?

It may surprise you that little federal governance exists over gestational surrogacy: laws and regulations are left largely to state legislature. As such, surrogacy can be a complex process, especially if it reaches over state lines. Surrogacy law is also relatively new and changes rapidly – so it can be hard to stay on top of the newest information. The good news: a good surrogacy agency can help guide you past any potential headaches.

The most surrogacy-friendly US states

California, Connecticut, Delaware, Maine, New Hampshire, New Jersey, Nevada, Rhode Island, Vermont, and Washington all feature some of the most surrogacy-friendly state laws.

In these states, surrogacy is permitted for all parents, and both parents can be named on the birth certificate of their newborn.

These states all also feature pre-birth orders, which help establish parenting legality for a child.

Should I work with a reproductive lawyer?

Absolutely. Reproductive lawyers are well-versed in surrogacy law and can help make your time as an intended parent painless. They’ll help you with parentage orders, including pre- and post- birth orders. In conjunction with a surrogacy specialist, they can help you make informed decisions in selecting a surrogate that works well with you legally and ethically.