Surrogacy By State
Surrogacy laws are set at the state level, and they change. If you're beginning a surrogacy journey, one of the first steps is a conversation with a reproductive attorney to confirm which states will work for your circumstances. Growing Generations has spent three decades working alongside experienced reproductive attorneys across the country. You choose the legal professional you want to work with, and we can personally introduce you to attorneys with deep experience in surrogacy law. We'll work in step with your attorney at every legal milestone.
Disclaimer: This page is for informational purposes only and does not constitute legal advice. Read full legal notice.
Why Surrogacy Laws Differ by State
Surrogacy and parentage laws in the United States are complex and are handled at the state level. As a result, they vary by state with each setting its own rules for parentage, contract enforcement, and surrogate compensation. These differences shape practical decisions from the start of your journey. Confirming your legal-match states early gives you a realistic picture of your match timeline and lets you plan ahead for milestones like the delivery.
Surrogacy Laws by State
Prospective clients are often curious about state-specific surrogacy laws. The table below is a general orientation, not legal advice. Your reproductive attorney will confirm what applies to your specific circumstances, and we're happy to introduce you to experienced attorneys if you'd like a starting point.
Surrogacy Status
Surrogacy is an established practice here, though factors like marital status, residency, or citizenship can affect whether a match works.
Last Updated:
July 23, 2026
Surrogacy FAQs Across the U.S.
A general understanding of surrogacy laws and how they differ form state to state can help you feel confident and prepared as you go into your journey.
Here are answers to questions we often hear.
Many states are considered Surrogacy-friendly and have well-established laws and precedent that clearly protect both intended parents and surrogates. These states recognize and enforce surrogacy contracts, allow courts to issue parentage orders, and offer clear processes to naming intended parents on their child’s birth certificate. Many of these states provide pathways to support single parents, same-sex couples, and international intended parents. Examples of Surrogacy-friendly states include California, Colorado, Connecticut, Delaware, Nevada, New Hampshire, and Washington.
You can still pursue surrogacy. Even if your home state has unclear laws or restricts compensated surrogacy, you are not limited in your ability to become a parent through surrogacy with Growing Generations. We partner with intended parents from all 50 states, carefully matching them with surrogates residing in surrogacy-friendly states.
Regardless of the state where a same-sex couple resides, there are safe options for surrogacy. Some states have clearer pathways for LGBTQIA+ parents, while others require additional documentation or post-birth legal steps. Since 1996, Growing Generations, has proudly supported LGBTQIA+ intended parents nationwide to match them with surrogates living in states that offer strong, inclusive legal protections.
A pre-birth order (PBO) is a court-issued document that legally establishes you, the intended parent, as the baby’s parents before the birth occurs. While this it feels assuring to have this step complete prior to birth, there are states where post birth orders occur days after birth and interim legal documents establish you as the guardians and decision makers while final legal steps are taken.
No. You do not need to live in the same state, or even the same region, as your surrogate. Intended parents often live hundreds or thousands of miles away. What matters most is that the surrogate lives in a state with supportive surrogacy laws, which is why we carefully match you with a surrogate who lives in a surrogacy-friendly state. No matter your location, we will ensure you are supported, and the logistics are in order.
Yes, the vast majority of intended parents living outside the U.S. can safely pursue surrogacy here. We’ve worked with intended parents from over 20 countries. We partner with top attorneys who will help you be named the legal parent(s) of your child and obtain necessary travel documents so you can focus on what matters most, welcoming your baby safely to your home.
During your consultation, you can let us know a variety of preferences for your surrogate, including where your surrogate resides. However, this may affect matching timelines and the number of surrogate candidates available. At Growing Generations, we help you navigate how your state’s laws shape your journey by connecting you with top surrogacy attorneys.
In our experience, legal providers evaluate the following when determining the states where your surrogate can live:
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Citizenship/Residency-In what country or countries to you and your partner hold citizenship and where do you reside? Would you like for your child to hold citizenship in the same places you do?
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Relationship/Marital Status-Are you single or partnered? If partnered, are you married/legally partnered?
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Will you require the assistance of an egg and/or sperm donor to create your embryos?
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Where will your IVF provider be located?
These factors are taken into consideration by your legal provider when recommending the states where your surrogate can reside. We’ll partner with your legal provider to seek their approval before suggesting any surrogate match.
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Our Approach to Legal Support
Growing Generations is not a law firm, and we do not provide legal advice. Every client in our program is paired with top surrogacy attorneys licensed in the state they reside in. Because surrogacy laws differ significantly across the United States, personalized legal guidance is important for safeguarding the rights, responsibilities, and well-being of both you and your surrogate. Our role is to ensure you are supported by exceptional legal professionals who will oversee every document and court process so your path to parenthood remains secure.
