Surrogacy laws by state, in plain language
In the United States, surrogacy is decided state by state, not by one national law. In most of the country gestational surrogacy is well established and supported. A smaller number of states are more restrictive or leave parts of the law unsettled. Here is what that actually means for you, without the legalese.
Is surrogacy legal in the US?
Yes, in most states. There is no federal surrogacy law, so each state sets its own rules, and gestational surrogacy is well established in many of them.
Is it legal in California?
Yes. California is one of the most supportive states in the country, with a statute that makes gestational surrogacy agreements enforceable.
Will the law work where I live?
Often, yes. We work across 43 states and will tell you plainly how the law applies to your situation before you commit to anything.
Why surrogacy law varies by state
Many countries set surrogacy rules at the national level. The United States does not. Instead, each state decides whether and how gestational surrogacy works inside its borders, so the same arrangement can be straightforward in one state and complicated one state line away.
Some states have written clear statutes that spell out how a surrogacy agreement is formed and how the intended parents are recognized as the legal parents. Others have no specific statute and rely on court decisions built up over time. A few are genuinely restrictive. Because of that range, three things tend to matter most: where you live, where your surrogate lives, and where the baby will be born.
There is no national surrogacy statute in the United States, and no single court ruling that settles it everywhere. That is why the answer to "is surrogacy legal" almost always starts with "it depends on the state."
What makes a state supportive
When attorneys call a state surrogacy-friendly, they are usually pointing to a handful of concrete protections. The more of these a state has in clear law, the more predictable the path tends to be for everyone involved.
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Enforceable agreements
State law treats a properly drafted gestational surrogacy agreement as a binding contract, so the commitments made by each side actually hold up.
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Pre-birth parentage
Courts can name the intended parents as the legal parents before the baby is born, so their names go on the birth certificate from the start rather than through adoption afterward.
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Equal access
Protections apply regardless of marital status or sexual orientation, and whether or not the intended parents have a genetic connection to the child.
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Clear, written rules
The path is set out in a statute, not pieced together from scattered court rulings, so attorneys can tell you what to expect with confidence.
Key legal terms, defined simply
A few phrases come up again and again. Here is what they actually mean.
Pre-birth order
A court order obtained before the baby is born that establishes the intended parents as the legal parents from the moment of birth. In states that allow them, a pre-birth order means the intended parents go straight onto the birth certificate, with no post-birth adoption needed.
Parentage order
A court order that confirms who the legal parents are. It can be issued before or after birth depending on the state. Where pre-birth orders are not available, a post-birth parentage order is often the route used instead.
Gestational surrogacy agreement
The contract between the intended parents and the gestational carrier. Each side has its own independent attorney, and the agreement covers the practical and the difficult parts alike: medical decisions, communication, expenses, and the many what-ifs of a pregnancy.
Gestational carrier
The person who carries the pregnancy in gestational surrogacy. She has no genetic link to the baby, because the embryo is created from the intended parents' or donors' eggs and sperm. This is the form of surrogacy used in modern programs.
Where we work, state by state
Every square is a state. The warm squares are the 43 states, plus Washington, DC, where we work with intended parents and surrogates. The pale squares are the four states where surrogacy is legally established but outside our service area, and Indiana, Louisiana, and Nebraska have their own shade because their laws genuinely restrict surrogacy. Select any state for a plain-language note, and where we have a full state page, the panel links straight to it. You can also read the same information as a list below the map.
Reviewed July 2026General information, not legal advice. Confirm the current law of your state with a licensed reproductive attorney. State surrogacy law changes, courts differ, and how the law applies depends on your specific circumstances. Service area and legal notes reviewed July 2026 against state statutes.
The same map, as a list
Where we work
We work with intended parents and surrogates in these 43 states, plus Washington, DC. Surrogacy law varies from state to state, and we walk you through exactly how it applies to your match.
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, plus Washington, DC.
Not in our service area
Surrogacy is legally established in each of these four states. We just don't place surrogates or match families here right now. Reach out and we'll talk through your options.
Florida, New York, Rhode Island, and Texas.
Not served, and the law is restrictive
Louisiana's statute sharply limits compensated surrogacy, Indiana's law makes surrogacy agreements unenforceable, and Nebraska's statute makes a compensated surrogacy contract void and unenforceable, so we don't place or match families in these states. If this is your state, reach out and we'll talk through what's possible.
Indiana, Louisiana, and Nebraska.
California, one of the clearest states
California is often described as a model for surrogacy law, and for good reason. Its rules are written into statute, the courts have a long track record of recognizing intended parents, and the process is predictable whether you are a parent or a surrogate.
California's gestational surrogacy law lives in the state Family Code, sections 7960 to 7962. Together those sections set out how a gestational surrogacy agreement is formed and how intended parents are recognized as the legal parents.
California surrogacy in depth-
Agreements are enforceable. When the statutory steps are followed, including independent counsel for each side and signing before the medical process begins, the agreement is binding.
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Parentage can be set before birth. Intended parents can ask the court to establish their parental rights ahead of the delivery, so they are recognized as the legal parents from day one.
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It applies to all kinds of families. The protections reach intended parents regardless of marital status or sexual orientation, which makes California a welcoming option for LGBTQ+ and single parents.
California Family Code, sections 7960 to 7962. California courts have recognized intended parents' rights since the state Supreme Court's 1993 decision in Johnson v. Calvert. Your own attorney will confirm how this applies to your case.
How Lily Baby helps with the legal side
You do not have to figure out the law on your own. Telling you plainly how it applies where you are is part of our job.
We work with intended parents and surrogates across 43 states. Because the law depends on where you live, where your surrogate lives, and where the baby is born, we look at your specific situation and tell you plainly what to expect.
If something is genuinely complicated in your state, we will say so rather than gloss over it. You can read more about the full path in how surrogacy works or, if you are building your family, on the intended parents page.
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We map your situation
We look at the states involved and walk you through how surrogacy law is likely to apply before you make any commitments.
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Each side gets its own attorney
Intended parents and surrogates are represented by separate, independent reproductive attorneys. We help coordinate it; we do not give legal advice ourselves.
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Parentage is handled in order
Your legal team prepares the agreement and the parentage steps, whether that is a pre-birth order or another route your state uses.
Surrogacy law, answered
Is surrogacy legal in the United States?
Yes, in most of the country. There is no federal surrogacy law, so each state sets its own rules. Gestational surrogacy is well established and supported in many states, while a smaller number are more restrictive or have unsettled law. Where you live, where your surrogate lives, and where the baby is born all factor into how the law applies.
Is surrogacy legal in California?
Yes. California is one of the most supportive states in the country. Its gestational surrogacy law, in Family Code sections 7960 to 7962, makes a properly formed surrogacy agreement enforceable and lets intended parents establish their legal parentage before the baby is born, regardless of marital status or sexual orientation.
For the full picture, see surrogacy in California.
What is a pre-birth order?
A pre-birth order is a court order obtained before the baby is born that names the intended parents as the legal parents, so they appear on the birth certificate from the start. It is available in states that allow them. Where it is not, a post-birth parentage order or other steps may be used instead to reach the same result.
Which states are the most surrogacy-friendly?
The states attorneys point to most often are the ones with comprehensive gestational surrogacy statutes. California leads that conversation, and states such as Colorado, Connecticut, Delaware, Maine, New Hampshire, New Jersey, Vermont, and Washington come up for the same reason: written law that makes gestational surrogacy agreements enforceable and lets intended parents establish parentage, often before birth, regardless of marital status or orientation.
Wherever you live, the practical question is how your state's law applies to your specific match, and walking you through that is part of our job. Our state-by-state map above shows where we work at a glance. This is general information, not legal advice.
Is there a federal surrogacy law?
No. Surrogacy is governed entirely at the state level. That is the single biggest reason your state, and your surrogate's state, matter so much to how your path will look.
What is the difference between a pre-birth and a post-birth order?
Both establish who the legal parents are. A pre-birth order is finalized before delivery, so the intended parents are recognized at birth. A post-birth order is completed after the baby arrives. Which one applies depends on the state, and your attorney will confirm the right route for your situation.
This page is general information, not legal advice. Surrogacy laws change, and how they apply depends on your specific circumstances. Before you make decisions, talk with a reproductive attorney licensed in your state. Lily Baby Surrogacy coordinates independent legal counsel for intended parents and surrogates, and can help connect you.
Know your state's laws
Tell us where you and your surrogate live, and we'll walk you through how surrogacy law applies to you.