Skip to content 
Surrogacy by State in the U.S.
Where Is Surrogacy Legal and Accessible?
Surrogacy is regulated at the state level. Some states offer strong legal protections and streamlined parentage orders; others have restrictions or special requirements. Explore the interactive map to see surrogacy-friendly locations, learn typical costs, and review requirements for intended parents and gestational carriers.
Click a state to open its full guide.
Browse All U.S. States
Browse our growing directory of U.S. surrogacy guides. New states are added regularly as we continue expanding and updating our content.
Surrogacy by State – Quick Answers
Surrogacy laws are established at the state level, not federally. Each state determines its own rules about surrogacy contracts, parentage orders, and compensation. This means that while some states have comprehensive and supportive legal frameworks, others may still lack clear statutes or judicial precedents.
Many U.S. states—including California, Illinois, Connecticut, Oregon, Nevada, and others—are considered surrogacy-friendly. These states generally allow compensated gestational surrogacy, recognize the rights of intended parents regardless of marital status or sexual orientation, and provide clear procedures for pre-birth or post-birth parentage orders.
Yes. Many intended parents match with surrogates who live in different states. Your surrogacy agency and legal team will coordinate contracts, medical screening, and birth planning to ensure compliance with both states’ laws and to protect the rights of all parties involved.
Most U.S. states permit gestational surrogacy, but the legal pathways differ. Some states allow pre-birth orders (PBO) that establish parentage before delivery, while others require post-birth orders, which are issued after the baby is born. Eligibility can also depend on factors such as whether the intended parents are single or married, their sexual orientation, and whether they share a genetic connection with the baby. These differences make legal guidance essential before starting your journey.
Costs vary due to differences in medical fees, legal processes, insurance coverage, and cost of living. States with major fertility centers and established legal frameworks may have higher base costs but tend to offer smoother, more predictable journeys.
Yes. The U.S. remains one of the most trusted and secure destinations for international surrogacy. Reputable agencies and clinics provide full coordination for international clients, handling time zones, document requirements, and post-birth travel or citizenship processes.
The ideal state depends on your priorities—legal clarity, cost structure, proximity, or specific clinic reputation. Working with an experienced surrogacy agency and a qualified reproductive attorney can help you select the state that best fits your needs and ensures a safe, transparent process.