What States are Surrogacy Friendly?
If you live in the United States and are considering surrogacy as a way to start or grow your family, it is import to know the laws of your state. The laws about gestational surrogacy vary by state and individual depending on sexual orientation and marital status. This blog will look at all of the states and what laws they have surrounding surrogacy.
The laws in Alabama generally favor surrogacy but there is some strange wording in the laws that may not allow unmarried couples to obtain a pre-birth order.
Alaska does not have any laws governing surrogacy. In 1989, surrogacy was equated with adoption and since pre-birth orders have been given to married heterosexual couples when their own sperm and eggs are used.
Arizona does not allow surrogate parent contracts of any kind. This means that in Arizona the surrogate mother is legally the mother of the child and if she is married her husband is the father.
Arkansas is a very favorable state for surrogacy. There is a statue that declares surrogacy agreements are valid and it details different types of parentage situations, but does favor those who are married and using their own eggs and sperm.
California law favors surrogacy. They have ruled more than once that intent governs in the determination of the parent in gestational surrogacy agreements.
Colorado does not have any surrogacy laws but they have been favorable to surrogacy in the past.
Connecticut has no legal objection to surrogacy. To obtain a pre-birth order the State Office of Vital Statistics of the Connecticut Department of Health must comply even if the intended parents share no biological connection to the child.
Delaware permits gestational surrogacy.
District of Columbia
Recently, in 2017, the District of Columbia got a new statute in regards to surrogacy. It states that gestational surrogates can legally be compensated and the intended parents will remain the parents.
Both traditional and gestational surrogacy are permitted in florida but gestational surrogacy is only permitted between legally married couples after the baby is born.
There are no surrogacy laws in Georgia but often the courts rule in the favor of the intended parents.
Hawaii doesn’t have any surrogacy laws but the courts often favor those using their own eggs and sperm. Pre-birth orders are not issued.
Idaho has no surrogacy laws but often the courts favor the intended parents. However only post-birth parentage orders are granted to those using their own sperm and eggs.
Illinois favors gestational surrogacy in all parental situations.
The law is Indiana says that surrogacy contracts are unenforceable but some judges will still grant pre-birth orders.
Iowa does not have a specific surrogacy statute but they generally favor surrogacy arrangements and surrogate mothers are exempt from criminal provisions regarding the sale or purchase of humans.
If parents are using their own egg and sperm pre-birth orders are regularly granted.
Kentucky does not have any surrogacy laws but pre-birth orders favoring married couples are often granted.
Louisiana only allows gestational surrogacy for heterosexual couples who use their own eggs and sperm.
If the requirements of the Main Parentage Act are met, pre-birth orders are allowed in Maine.
Many courts in Maryland generally favor surrogacy and allow for pre-birth orders even though there is no governing law.
In Massachusetts there is no surrogacy law but the courts often favor surrogacy with a pre-birth order.
In Michigan you are not allowed to be compensated for surrogacy. This type of compensation is illegal and punishable by the law.
In Minnesota there is no surrogacy law but the courts often favor surrogacy.
In Mississippi there is no surrogacy law but the courts often favor surrogacy. Some courts are more likely to grant a pre-birth or post-birth order.
Missouri does not have any surrogacy laws but they generally only issue post-birth orders not pre-birth.
Montana has no laws about surrogacy and there are not many past cases to reference in the state.
The law is Nebraska says that surrogacy contracts, even those that are compensated, are void and unenforceable.
In Nevada, gestational surrogacy is often permitted without pre-birth orders being required.
In New Hampshire pre-birth orders are granted and surrogates are not restricted but have to meet a set of minimum standards including previously giving birth and being over the age of 21.
New Jersey has a law called the New Jersey Gestational Carrier Agreement Act which gives both the intended parents and the surrogate rights.
New Mexico does not have any concrete surrogacy laws but pre-birth orders are often granted.
Surrogacy is not allowed in the state of New York. Lawyers, agencies, and those entering contracts can be fined or be convicted of a felony.
In North Carolina there aren’t any laws about surrogacy but the courts usually rule in the favor of the intended parents.
North Dakota allows gestational surrogacy and often pre-birth orders are granted without a court appearance.
There are several previous cases in Ohio that show gestational surrogacy has been supported. The court will determine whether a pre-birth or post-birth order will be granted.
Oklahoma allows gestational surrogacy and post-birth orders are often granted without a court appearance.
Oregon often allows gestational surrogacy and generally pre-birth orders are granted.
In Pennsylvania there is no law governing surrogacy. Pre-birth orders are granted based on the judge.
There are no governing laws about surrogacy in Rhode Island but all cases are heard by the Chief Judge of Family Court to provide consistency.
In South Carolina there is no law governing surrogacy. Pre-birth and post-birth orders are granted based on the judge.
In South Dakota there is no law governing surrogacy. Pre-birth orders are often granted.
In Tennessee there is a statute that allows surrogacy, both when both intended parents use their eggs and sperm and also when only the father uses his sperm.
Texas, where Simple Surrogacy is located, requires judicial approval of contracts before they issue a Pre-Birth order. Nearly every client is granted a Pre-Birth order, though the courts do favor married individuals, weather heterosexual or gay.
In Utah you must receive judicial approval of all contracts in advance and the order will only be validated post-birth. Married couples are also the only individuals allowed to partake in surrogacy.
Vermont has no governing surrogacy laws about surrogacy but the courts generally favor them and allow for post-birth orders.
Virginia is a complicated state for surrogacy. Surrogacy is permitted but the common practice is to file an action post-birth to get the birth certificate.
Washington just passed new legislation allowing surrogacy which will begin in January 2019.
In West Virginia the courts favor married couples and will issue a pre-birth order after all parties have testified.
In Wisconsin pre-birth orders can be issued but a post-birth order is required. Married couples are favored and most often a court appearance is common.
In Wyoming there is no law governing surrogacy.
The Simple Surrogacy Difference
Since we are located in Texas, we don’t have any state laws working against us – or any state tax! We refer to this as the Texas Advantage because it gives our clients a lesser fee! If you’re considering embarking on a surrogacy journey, contact the experts at Simple Surrogacy. Our team will be happy to answer any of your questions and get the process started!
It is important to note that no appeals court in any state has ever given custody to a gestational carrier. If you’re looking to start or grow your family with surrogacy, talk to our team today!