Surrogacy laws by state

A state-by-state starting point for women considering becoming a gestational surrogate. The colors describe the type of legal framework — not whether a state is “good” or “bad” for surrogacy.

How to read the colors: Green means a comprehensive statutory gestational-surrogacy framework. Yellow means the legal path is limited, narrower, or more fact-dependent. Red means there are significant statutory restrictions on at least some surrogate agreements. Blue flags a recent major statutory change or transition that deserves extra date-specific review.
Comprehensive statutory framework
Limited / fact-dependent framework
Significant statutory restrictions
Recent major legal change

Important: Green is not a recommendation or a guarantee that every arrangement qualifies. Red does not mean every form of family-building is impossible. Always read the state page and confirm the current law for the specific parties and facts.

Find your state

All 50 states, plus D.C.

AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWashington, D.C.West VirginiaWisconsinWyoming

Understand the legal questions before you commit.

Review your state page, then confirm the current requirements with qualified reproductive counsel.

Read legal considerations

Considering becoming a surrogate?

Start with the common requirements and a private educational self-check. If you decide to move forward, you can then continue to a formal eligibility review.

Take the Private Self-Check Continue to Formal Review

The formal review is provided by Expecting and is separate from the educational information on Surrogate Expert.