Surrogacy By State: What you need to know
When building your family through surrogacy, a legal agreement is required between intended parents and the surrogate. This requirement is set forth by the fertility clinics providing the treatment as they will not provide treatment without a completed legal agreement.
There are many other reasons that a legal agreement is essential and necessary for surrogacy arrangements. One being that currently, there is no federal law in the US that governs surrogacy. That means it’s up to each individual state to decide how to handle surrogacy, and almost all of them have chosen a slightly different approach.
We put together this guide to help you better understand surrogacy laws by state, but please note that you should consult a qualified attorney who specializes in Assisted Reproductive Technology (ART) Law before proceeding with any surrogacy arrangement.
Alabama
There are no surrogacy laws in Alabama that prohibit the practice of surrogacy, and the courts are generally favorable towards the surrogacy process. Unmarried couples may have a harder time getting a pre-birth order.
Alaska
In Alaska, there are no statutes or published case law permitting or prohibiting surrogacy, so it is considered legal. With that said, pre-birth adoption orders have only been granted to married heterosexual couples using their own egg and sperm. In other cases, post-birth adoption orders have been the standard.
Arizona
In Arizona technically, gestational surrogacy is legal but under Arizona Revised Statute § 25-218, surrogacy contracts are statutorily unenforceable. Despite this, gestational surrogacy continues to be practiced in Arizona. Arkansas
Surrogacy is legal in Arkansas and is regulated by a series of state laws. Arkansas’ statute on surrogacy does not specifically cover gestational surrogacy, but it is allowed in Arkansas and practiced on a regular basis.
California
California is one of the friendliest states for surrogacy, with specific state statutes and case law to uphold surrogacy agreements. California courts regularly grant parentage orders regardless of sexual orientation, marital status, or biological relationship.
Colorado
In Colorado as of 2021, they have surrogacy-supportive law codifying best practices. Colorado law permits single individuals and married or unmarried couples of any sexual orientation to become parents via surrogacy. Also, intended parents in Colorado do not need to be genetically related to their child in order to establish parental rights.
Connecticut
Connecticut state law permits gestational surrogacy. Intended Parents are legally permitted to enter into a gestational agreement with a surrogate,
Delaware
Delaware surrogacy laws are among the most well defined in the United States, regulated by the Gestational Carrier Agreement Act, making it relatively easy to become a surrogate or a parent through surrogacy.
Florida
Surrogacy in Florida has clear cut laws for gestational surrogacy making it relatively easy to become an Intended Parent. However, gestational surrogacy contracts will not be enforceable unless the Intended Parents are married and all parties to the contract are 18 years of age or older.
Georgia
In Georgia, gestational surrogacy is permitted because no statute or published case law prohibits it.
Hawaii
In Hawaii, gestational surrogacy is permitted because there are no laws which prohibit it. Hawaii courts do not grant pre-birth orders regarding parentage. Intended Parents wishing to be declared the legal parents of a child born of surrogacy, must do so after the child is born.
Idaho
In Idaho, gestational surrogacy is permitted because no statute or published case law prohibits it. However, recent case law (June 2016) confirmed that a non-genetic parent will not be issued a post-birth parentage order, but instead must complete a post-birth adoption in order to be recognized as a legal parent.
Illinois
In Illinois, gestational surrogacy is permitted under the Illinois Gestational Surrogacy Act. It’s considered a surrogacy-friendly state that guides the process from contract formation, to qualification of the surrogate, and through the issuance of the birth certificate.
Indiana
Indiana Code 31-20-1-1 makes gestational surrogacy contracts void and unenforceable as against public policy.
Iowa
Iowa statutes permit gestational surrogacy and detail the specific steps that Vital Records must take in issuing birth certificates to children born to surrogates.
Kansas
In Kansas, gestational surrogacy isn’t governed by a state law, but it’s permitted because no law prevents it. Courts are known to regularly issue pre-birth orders to parents who are genetically related to the child.
Kentucky
In Kentucky, gestational surrogacy isn’t governed by a state law, but is permitted because no statute or case law prevents it. Courts are known to regularly issue pre-birth orders will usually be granted to Intended Parents who are married when at least one shares a genetic relationship with the child, and to single Intended Parents who are genetically related to the child.
Louisiana
Louisiana Surrogacy Bill HB 1102 (effective August 1, 2016) legalized gestational surrogacy arrangements but only in the limited instance where the Intended Parents are Louisiana residents and are a married heterosexual couple who are both genetically related to the child (neither a sperm or egg donor was used) and includes a no compensation requirement.
Maine
The Maine Parentage Act of 2016 legalized surrogacy in Maine and created important regulations and eligibility requirements for the process.
Maryland
Currently, there are no surrogacy laws in Maryland. However, in 2007, the Maryland Court of Appeals made a ruling that indirectly approved of gestational surrogacy arrangements.
Massachusetts
In Massachusetts, gestational surrogacy is permitted based on the verdicts of several court cases.
Michigan
Michigan laws prohibit paid surrogacy, in which a woman is paid for carrying the child. Michigan law also states that all surrogacy contracts are unenforceable. However, courts may still grant pre-birth orders if no payment or compensation has been made to the surrogate by the Intended Parents.
Minnesota
In Minnesota, gestational surrogacy is permitted because no statute or published case law prohibits it.
Mississippi
In Mississippi, there are no statutes or published case law specifically permitting or prohibiting surrogacy. However, Mississippi courts are prone to granting pre-birth orders, especially when at least one Intended Parent is genetically related to the child.
Missouri
In Missouri, gestational surrogacy is permitted because no statute or published case law prohibits it.
Montana
In Montana, gestational surrogacy is permitted because no statute or published case law prohibits it.
Nebraska
In Nebraska, R.R.S. Neb. 25-21, 200 declares surrogacy contracts to be void and unenforceable and that the biological father of a child born pursuant to such a contract shall have all the rights and obligations imposed by law with respect to such child. Thus, statute does allow surrogacy practice in limited scenarios.
Nevada
In Nevada, gestational surrogacy is permitted and is governed by Nevada Revised Statue (NRS) 126.500-126.810.
New Hampshire
In New Hampshire, N.H.Rev.Stat.ann.168-B clearly permits gestational surrogacy; and pre-birth orders can readily be obtained by any Intended Parent, whether married or unmarried, a heterosexual or same-sex couple or individual, and even if neither Intended Parent is genetically related to the child.
New Jersey
In New Jersey, gestational surrogacy is practiced, broadly permitted by New Jersey Gestational Carrier Agreement Act. This legislation provides for enforceable gestational carrier agreements and pre-birth orders in New Jersey under certain conditions.
New Mexico
In New Mexico, gestational surrogacy agreements are neither permitted nor prohibited based on New Mexico Uniform Parentage Act.
New York
As of February 2021, compensated surrogacy is legal in New York. The state passed a comprehensive law regulating and protecting the rights of surrogates and intended parents. The Child Parent Security Law is one of the best in the nation, clearly outlining legal, medical, and parentage requirements.
North Carolina
In North Carolina, gestational surrogacy is permitted because no statute or published case law prohibits it.
North Dakota
In North Dakota, Gestational Surrogacy is permitted by statute N.D. Cent. Code 14-18, which states that a child born to a gestational carrier is the child of the Intended Parents.
Ohio
In Ohio, gestational surrogacy is supported by J.F.v.D.B.,879N.E.2d740, in which the Ohio Supreme Court held that gestational carrier agreements are not prohibited by public policy.
Oklahoma
In Oklahoma, the Oklahoma Gestational Agreement Act, legalized gestational surrogacy. This Act provides for enforceable gestational carrier agreements and pre-birth orders under certain conditions.
Oregon
Gestational surrogacy is permitted in Oregon because no statute or published case law prohibits it. The only statutes regarding surrogacy in Oregon, outline who is (and is not) legally responsible for a child resulting from assisted reproduction. These statutes state that donors are not responsible for any children born from embryos created using their egg or sperm.
Pennsylvania
In Pennsylvania, gestational surrogacy is permitted because no statute or published case law prohibits it.
Rhode Island
In Rhode Island, gestational surrogacy is permitted because no statute or published case law prohibits it.
South Carolina
In South Carolina, gestational surrogacy is permitted because no statutes or case law prohibit it. There are published case law that suggests that surrogacy is valid.
South Dakota
In South Dakota, gestational surrogacy is permitted because no statutes or case law prohibit it. The courts are generally favorable, and often will issue pre-birth orders. A bill to regulate gestational surrogacy has been introduced in the 2022 legislature.
Tennessee
Tenn. Code Ann. 36-1-102(48) neither permits nor prohibits surrogacy, but merely defines it. A pre-birth order is only possible when at least one of the intended parents shares a genetic connection with the child.
Texas
In Texas, gestational surrogacy is permitted by Tex.Fam.Code 160.751 through 160.763. It authorizes gestational surrogacy for married intended parents who follow the procedures specified in the statute, including having their Gestational Surrogate Agreement validated by a court before birth.
Utah
In Utah, gestational surrogacy is permitted. Utah Code Ann. § 78B-15-801 (2008) permits gestational surrogacy for married intended parents only.
Vermont
In Vermont, gestational surrogacy is permitted by the Vermont Parentage Act of 2018, effective July 1, 2018.
Virginia
In Virginia, gestational surrogacy is permitted under Virginia’s Status of Children of Assisted Conception Statute, but only to Intended Parents who meet the requirements. Intended parents may be a married couple or unmarried individual, the gestational carrier’s compensation is limited to medical and ancillary expenses, and the gestational carrier cannot relinquish parental rights until 72 hours post-birth.
Washington
As of January 1, 2019, compensated gestational surrogacy is legal as long as it complies with the respective statutory framework.
West Virginia
In West Virginia, gestational surrogacy is permitted by W.VA Code §61-2-14h(e)(3), which permits fees and expenses included in any agreement in which a woman agrees to become a surrogate mother.
Wisconsin
Gestational Surrogacy is permitted in Wisconsin by the Wisconsin Supreme Court decision Paternity of F.T.R., Rosecky v. Schissel, 2013 WI 66, 349 Wis. 2d, 833 N.W.2d 634. The court concluded that surrogacy contracts are enforceable unless contrary to the child’s best interest.
Wyoming
In Wyoming, WY Stat 14-2-403(d) neither permits nor prohibits surrogacy. However, there is insufficient data to determine how a Wyoming court may rule on a parentage order or on what prospective intended parents may anticipate in their surrogacy process. As a result, surrogacy is rare in Wyoming.
To fully understand the legal process for a surrogacy journey in your state, be sure you gather information from an attorney licensed in the state. Also be sure the attorney has experience and knowledge in Assisted Reproductive Technology (ART) law.
Visit our website at www.pathwaystoparenthood.com to get more information from the Surrogacy Experts about the surrogacy process.
What to Expect After a Surrogate Birth
As a surrogate, you have the chance to make parenthood possible for someone who otherwise would not have the opportunity. If you’re considering making this life changing choice, you have many questions about the surrogacy process and what to expect. Although there are many steps in the process before the happy ending, it is the best step in the process of surrogacy! This blog post gives you an idea of what you can expect from this very special part of a being a surrogate mother.
Online you can find what to expect and what the surrogacy process is like but the best way to learn about a journey as a surrogate is through firsthand experience from someone who knows. For our Surrogate Mother feature, we sat down (virtually) with Surrogate Veronica. Veronica recently delivered a healthy baby girl for her Intended Parents in early January.
How was your delivery and what were your Intended Parent’s involvement?
My delivery thankfully went really well! We had an induction scheduled but baby decided to surprise us all by coming the day before! I called the IP’s and let them know I was in labor and headed to the hospital. We each had our own room in labor and delivery. We agreed IP’s could come in to my room once it was time to push. I absolutely adore my IP’s but I also didn’t want to be nervous trying to labor with them in the room. Other than baby coming one day early, we had an easy delivery where pretty much everything went according to plan. The parents came in when it was time to push so that the baby could go straight to them.
What were your feelings when you saw the IP’s held their baby for the first time?
It was honestly magical! You know, that’s the thing that you’ve been looking forward to all this time— and then it’s finally here! And there’s this crazy sense of achievement. We did it! We decided to do this thing together, to trust each other, and here we are and everything came out as we hoped.
What happened immediately after delivery?
The Intended Mother held the baby, while the Intended Father cut the cord. They took the baby over to a corner of the room where the nurses checked her out and tended to her while my doctor was taking care of me. It was up to the Intended Parents if they wanted to go back to their room or stay with me. I’m so glad they stayed for a while so I could watch them and be a part of their joy. It was really a special moment! After baby and I were each attended to by our respective medical teams, I held her for a minute, and we took some pictures.
What happened before everyone left the hospital?
I only stayed one night and we had different rooms so before I left, I went to their room to say goodbye. We did some paperwork and I held the baby one more time and hugged my Intended Parent’s and told them congratulations!
What type of relationship are you hoping to have with IPs and the baby now?
They have texted me pictures and updates occasionally and that is the perfect relationship for me. I hope that continues into the future.
Did you discuss what type of relationship you would have prior to having the baby?
We kind of agreed whatever happened organically would be good. They will always have a special place in my heart and I’m sure we’ll just send each other the occasional updates on our kids.
How do you feel about your surrogacy process now that you have been through the process?
Since this was my first time being a surrogate mother, I was a little unsure of what to expect about being a surrogate. However, It was everything I hoped it would be. Helping people grow their family is such an amazing gift and I feel so lucky to be able to do that for someone.
Any advice you would give to those thinking about becoming a surrogate?
It’s a really amazing and special experience. There are a lot of hurdles along the way but I’m so glad I stuck with it to get to the end.
Surrogacy is a gift unlike any other and one that only a woman like you can give to hopeful parents. If you’ve decided to become a surrogate, let Pathways to Parenthood Surrogacy Agency guide you through the process. View our guidelines for surrogate mothers to find out if you qualify to become a surrogate. We have helped surrogates and intended parents come together in Kansas, Missouri, Colorado, Oklahoma, Iowa, Illinois and Arkansas, Ohio and Kentucky! You can contact us at 913-469-5500 or at www.pathwaystoparenthood.com
Intended Parents Dominik and Dennis Share Their Surrogacy Story
While each person’s path to parenthood may look a little different, there are many common threads – especially for those who go through fertility treatment to bring their babies into the world. Whether you’re a member of the LGBTQ+ community or not, choosing to pursue IVF, egg donors, and surrogacy share many similarities. In this blog, we’re excited to speak with Dominik and Dennis, from Germany. They are gay intended parents (IP), who are currently having a baby via gestational surrogacy.
How did the two of you meet and how long have you been together?
We met during college in fall 2011. It was Dominik’s first night joining the queer student’s group of Stuttgart university. When he went home that night, he told his roommates that he had met his future husband. They started dating soon after and became a couple in January 2012.
Why did you consider surrogacy to grow your family?
Soon after we met, t we discussed both of our wishes to have a family. Dominik was more optimistic about it then Dennis, who was skeptical if would be possible to achieve in Germany. Before 2017, Germany had not opened up marriage for same sex couples yet, so adoption was not possible for gay couples. Dominik had done some research on surrogacy back then also and eventually Dennis warmed up to the possibility. We both started saving up for the process.
In 2017 the idea became more of a reality when we attended a Men Having Babies conference in Brussels where we met IVF clinics, surrogacy agencies and most importantly surrogates and families that have gone through the process. Their experience and stories gave us hope that it would actually be possible to become parents, and have parenthood legally recognized in Germany.
How did you go about choosing a surrogacy agency? What was important to you?
We had a wealth of contacts to surrogacy agencies across the US from the conference in Brussels and started talking to many of the agencies in 2018. The screening process of a potential surrogate at each agency was important to us, as well as the prospective waiting time between choosing an agency and being matched. Also, the cost had to fit into our budget.
Why did you choose Pathways to Parenthood?
Most people we knew chose agencies in California. But since Dominik had lived in Missouri during high school, we had a good network of friends and people we consider family there. Plus, we felt a personal connection when we met Kerry and learned about Pathways To Parenthood. It was also very reassuring to know that if we chose Pathways To Parenthood in Kansas City, we’d have friends and ‘family’ in the area throughout the whole process.
What was the surrogate matching process like? How was the first meeting with your surrogate?
The day before Christmas Eve, when we were preparing for a COVID-restricted celebration without family, we got an email from Kerry sending us Lily’s profile. It was perfect timing since we were all off work and were able to use the time between the holidays to write emails, chat and get to know Lily via Skype. The three of us ‘clicked’ right away! When we finally did meet after travel restrictions were lifted, Lily’s first comment was “you are real!”. She was right, it was hard to believe! All meetings and communication until then had been digital but it worked so well for us that meeting her in person eight months after being introduced felt like meeting an old friend.
Describe the beginning of your surrogacy journey – was there a moment that stands out?
For us it started to get real when the clinic told us that not only did the egg donation process go better than expected, we also had seven viable embryos. The moment that really stood out was when, almost a year later, we met Lily for the first time to spend a few vacation days together in Croatia. By then she was already pregnant with one of our embryos.
What has your relationship with your surrogate been like? How did you communicate and keep in touch?
We believe it could not have gone better under COVID circumstances. Of course, we would have liked to meet in person more often but chatting via WhatsApp almost daily has allowed us to form a strong bond of trust.
Are you planning on being at the birth of your baby?
Yes, absolutely. We’re planning to be there three weeks before the due date to be in time and not miss this emotional moment.
What would your advice be to others who are considering surrogacy?
Trust your heart, take your time to choose an agency that you trust and also to form a strong connection with your surrogate. It could be a good idea to discuss and agree with your partner on how, what and when you want to share information about your journey. In our experience and at least in Germany, some people will ask the most intimate questions and expect you to answer.
Is there anything else you would like to share about your journey?
We feel so lucky that we were matched with Lily, we could not have asked for a more loving or more open surrogate. We have had a very smooth ride so far, but don’t be disheartened by the complexity of the process or if things don’t go as planned. With a good team and a good support system you’ll be able to get there.
If you’re a gay parent (or anyone in the LGBTQ+ community) and you’re considering parenthood, the team at Pathways to Parenthood can guide you through the process.
They have been helping bring together future parents and surrogates for 9 years!
Explore our egg donor FAQs to decide if egg donation is right for you
If you’ve ever wondered about donating your eggs, but have questions about the process, you’re not alone. Below are common egg donor FAQs that can give you more information about becoming an egg donor.
Are you taking all of my eggs – can I still have a baby later on?
There is a common myth that egg donation can result in the inability to have your own children because you are losing all of your eggs—this is false! Most women are born with 1million eggs, give or take a thousand or so! An egg donation cycle will typically result in 10-20 eggs retrieved. The biggest facto impacting your ability to have a baby of your own is the age that you attempt to conceive!
What should you include in your egg donor application essays and personal statement?
Much like a college application, these essays require some humble bragging. Your profile is designed to help someone decide if you’re the egg donor for them. It’s your story of “you”, in your own words. The essays allow the recipients to see you as a real person, so let them get to know you. Things to consider including in your profile are things that give insight into who you are:
- About your family – do you have children, a partner, brothers or sisters
- Why you decided to become an egg donor
- What you hope for someone who uses your eggs
- What you do for a living and why you chose this career
- Your outlook on life
- What is your personality like
- How would your closest friends and family describe you
- A goodwill message to a donor-conceived child, this is important as it may be given to child one day to explain genetic origins
How are donors and recipients matched?
As and egg donor, your profile will be available to egg recipients in our database. Most egg donor programs are anonymous so only non-identifying information is shared. Pictures are usually pat of the database profile so those are the only identifying information shared with future parents. Future parents (egg recipients) choose their donors based on a range of factors, including physical features, ethnic background, personality and talents.
How often can you donate your eggs?
It takes about 6 to 8 weeks for a physician to review your donation (whether it was safe, the quality and quantity of your eggs, etc.) before you may donate again. Pathways to Parenthood allows women to donate their eggs up to six times in their lifetime, a guideline established by the governing body of infertility, the American Society for Reproductive Medicine (ASRM).
Are there any expenses associated with egg donation?
No, the intended parents will be responsible for all costs of the cycle.
Is my egg donation anonymous?
The majority of egg donors choose to be anonymous. In these setups, no identifying information is shared between the donor and the intended family. Donors are also not informed of the outcome of their eggs. Semi-anonymous, or semi-open, setups also exist, in which donors and intended parents agree to share a small amount of information with one another. This may include locations or first names. Known donors, or open donors, are far less common. These setups involve a friend or family member of the intended parent(s) serving as a donor.
How will I be compensated?
Pathways to Parenthood Egg Donors compensation is $5,000 for a first-time donor, distributed upon completion of the cycle. Donors may be eligible for increased compensation upon subsequent cycles, if eligible.
Basic Criteria for Egg Donor Candidates:
- Between the ages of 21-29
- Healthy BMI: Under 29
- Physically and emotionally healthy
- Good family health history (including mental health)
- Non-smoker, non-drug user (all donors are tested)
- Have regular periods
- Not currently breastfeeding
- Willing to undergo medical and psychological evaluation
- Willing to take injectable medication
Becoming an egg donor is a big deal. It’s a decision that will affect many lives, including your own. There’s no denying that donating your eggs is a sacrifice, and you’re giving the gift of life to a couple waiting for a family. If you’ve decided to become an egg donor, Pathways to Parenthood can guide you through the process. They have been helping bring together future parents and egg donors for 9 years!