Surrogacy Laws by State: Get the Facts

If you're looking for how to become a surrogate, it's important to understand the surrogacy laws in your state. Every state has different surrogacy laws, so it's important to work with an agency with experienced lawyers on staff, like Circle!

What is surrogacy?
 Why Is Surrogacy Law So Confusing?

Why Is Surrogacy Law So Confusing?

If you’re confused by the legal issues surrounding surrogacy in the US, take heart - you’re not alone. The first thing to understand is that there is no federal law governing surrogacy. That means it’s up to each state to decide how to handle surrogacy, and almost all have them have chosen a slightly unique approach.

From a high level, you should know that 46 US states recognize gestational surrogacy, and women from those states can apply to become a surrogate with Circle Surrogacy. There are 4 US states that do not recognize gestational surrogacy, and surrogacy contracts are "illegal" in those states (women who live in New York, Nebraska, Michigan and Louisiana are not able to apply to become surrogates at this time).

What Are the Major Legal Issues of Surrogacy?

The next important thing to understand is that ‘surrogacy law’ doesn’t just mean one statute or code. There are actually several different issues at play here. Let’s break down the complexity by looking at a few major pieces.


1. The Surrogacy Agreement

Your surrogacy agreement (or contract) is the foundation of your journey. Every surrogacy contract is unique, and there’s endless variety in how they’re developed and negotiated. But one thing everyone agrees upon is that you shouldn’t go it alone. Rather than trying to develop your own contract (which will almost surely lead to confusion and conflict), work with an established surrogacy program like Circle. Our on-staff experts and legal counsel will ensure that everyone’s rights are protected - or refer you to the right surrogacy lawyer - so you can rest easy and focus on your journey.

So what exactly does a surrogacy agreement do? To put it simply, it says what all your major rights and responsibilities are during the surrogacy process. That includes...

- Surrogate compensation: How much will the surrogate mother be paid? Which expenses will be covered? What additional compensation will she receive for special circumstances like undergoing invasive procedures or taking bedrest?

- Health and safety: What are the surrogate mother’s responsibilities during pregnancy? How will she take care of herself and the developing child?

- Risks and liability issues: What happens if something goes wrong? Who’s responsible and what are their obligations?

- What if…?: There are endless ‘what-if’ situations that both the intended parents and the gestational carrier should consider beforehand. A well-written surrogacy agreement will help you do just that.


Different states have radically different ways of handling surrogacy contracts.


2. The Pre-Birth Order

Another major piece of surrogacy law is called the pre-birth order. This is simply a legal document which transfers parental rights to the intended parent when the child is born.

Typically, a pre-birth order is filed with the court anywhere from 4 to 7 months into the surrogate pregnancy. Different states have different requirements, but generally speaking, you’ll need to include a document from the physician affirming that they performed an embryo transfer from the biological mother to the gestational surrogate. You’ll likely also need a statement from the surrogate family confirming that they are giving up all legal rights to raise and parent the child.

Surrogacy-friendly states make it simple to file and receive your pre-birth order. Other states require intended parents to wait until after birth to establish legal parental rights. The legal maneuver is roughly similar in these states, but you may have to wait 3-5 days to file your post-birth order - and possibly appear in court with an attorney.


3. Adoption & Second Parent Adoption

In some situations, the intended parents will also need to complete a formal adoption process to fully establish their parental rights.

If neither of the intended parents have a biological relationship with the child, then they’ll fully adopt the child. On the other hand, if the embryo was formed using genetic material from one of the intended parents, then that parent already has full parental rights, and formal adoption is only necessary for the other parent. This is called second parent adoption.

Again, different states have very different laws governing the adoption process. More surrogacy-friendly states will make this process easier, while others specifically discourage it.

Which States Are Surrogacy-Friendly?

Surrogacy Laws by State: The Breakdown


Surrogacy laws can not only vary state by state, but they can even differ within counties or courts. And, they are always evolving and changing. Become a surrogate in your state by click on your state below to see the surrogacy laws in your area.

Arizona
California

Colorado

Connecticut

Florida

Georgia

Illinois

Maine

Massachusetts

Minnesota
Missouri

Nevada

New Hampshire

New Jersey

New Mexico
New York

North Carolina

Ohio

Oklahoma
Pennsylvania

Rhode Island

South Carolina
Tennessee
Texas

Utah

Vermont
Washington

If you don't see your state listed, don't worry! We work with surrogates from 46 states and you can apply right here.

Is it better to work with a surrogacy agency in my home state?

As a surrogate, your surrogacy agency does not need to be "local" or close by. You should choose an agency based on what they offer, if their beliefs match yours, and how you felt interacting with them. Take it from experienced surrogates: you'll never need to go to your agency, so it can be located anywhere!

Why should I choose Circle Surrogacy?
Whether you are an intended parent, a surrogate or an egg donor, when you embark on a journey with Circle, we promise to be beside you every step of the way. We promise to educate, lead and guide you through your surrogacy and egg donation journey. We will work tirelessly to help you achieve success and fulfill your dream.

​We are a full-service agency. You will work closely with a Journey Coordination team who will guide and support you throughout your entire journey, including social work, legal and billing support. Circle is the only agency in the world to provide unparalleled program offerings

for parents, such as unlimited surrogate and egg donor matching, and an unlimited IVF package. We employ an in-house legal staff who is well-versed in reproductive and surrogacy law and insurance contracts.

At Circle, we have the highest level of dedication to building families than any other agency. We'll help you navigate the road, smooth the bumps, and cheer when we reach our destination. Every person who works at Circle is dedicated to doing everything they can to help you build your family. The Circle Staff goes above and beyond to help you achieve your dream of parenthood.

How do I apply to become a surrogate?
If you are interested in applying to our program to become a surrogate, you can fill out an online form here.

The application takes about 10 minutes, and it's easy to apply right from your phone. You will be contacted within about 24 hours to inform you of the next steps.