Where Is Paid Surrogacy Legal?

When you choose to become a surrogate, you’re giving the incredible gift of parenthood to those who can't conceive themselves. Because of this, you deserve to earn meaningful income for your family through surrogate compensation.

But, where is paid surrogacy legal?

In the U.S., there are no federal laws regulating surrogate compensation. Individual states can define and regulate whether paid surrogacy is legal or not.

We know how complicated it can be to navigate the legality of surrogacy in the U.S., and that’s why we’re here. To learn more about your state's regulations, reach out to us now or text 913-204-0224.

Is It Legal to Pay a Surrogate Mother?

Yes, there are some states where legal compensation for surrogacy is allowed.

"Surrogacy is hard work, and you're making a big commitment for yourself and your family," said Brittany, our surrogacy specialist. "You're putting a lot of things aside in your life to help somebody else grow their family."

However, the legality of surrogacy compensation depends on the state you live in. Some states have laws making paid surrogacy contracts illegal or unenforceable.

If you’re considering surrogacy, make sure to check the laws in your state to make sure that paid surrogacy is allowed.

Where Is Paid Surrogacy Legal?

The legality of surrogacy in the U.S. can vary. Some states have clear laws supporting surrogacy, and others having no specific laws, making surrogacy more complicated. Understanding the variation is crucial as you navigate your surrogate journey.

Several factors can complicate surrogacy law, and having a clear understanding can help everyone involved get the right legal guidance. We’re committed to making sure you understand whether paid surrogacy is legal in your state.

Surrogacy-Friendly States

In the U.S., several states have embraced compensated surrogacy through clear and supportive laws, providing a secure, legal environment for everyone involved. These states recognize and legally protect your rights in the surrogacy process.

• California

• Colorado

• Connecticut

• Delaware

• Idaho

• Maine

• Massachusetts

• Michigan

• Nevada

• New Hampshire

• New Jersey

• Pennsylvania

• Vermont

• Washington

• Washington D.C.

These legal surrogacy states have permitted compensation for surrogacy, ensuring both clarity and protection as you navigate the journey. Pursuing surrogacy in these states provides a solid legal foundation and peace of mind throughout your journey.

What Makes a State Surrogacy-Friendly?

States that are truly surrogacy-friendly have key legal protections. They typically allow pre-birth orders establishing intended parents' rights, explicitly permit reasonable surrogate compensation and have court precedents that consistently uphold surrogacy agreements. They also minimize restrictions on who can participate and don't create unnecessary bureaucratic hurdles. 

The main difference between surrogacy-friendly states and others comes down to legal certainty. In the best states, surrogacy contracts are recognized and protected by law, giving both surrogates and intended parents confidence that their agreements will be honored throughout the journey.

Moderately Friendly States

In some states, the legality of surrogacy in the U.S. depends on specific factors, making the enforcement of paid surrogacy uncertain or unconditional. Although surrogacy is permitted, certain conditions may impact the enforceability of compensated surrogacy contracts.

Below is a list of legal surrogacy states that may be subject to factors that affect the enforcement of compensated surrogacy contracts:

• Alabama

• Alaska

• Arkansas

• Florida

• Georgia

• Hawaii

• Illinois

• Iowa

• Kansas

• Kentucky

• Maryland

• Minnesota

• Montana

• Mississippi

• New York

• North Carolina

• North Dakota

• New Mexico

• Ohio

• Oklahoma

• Oregon

• Rhode Island

• South Carolina

• South Dakota

• Texas

• Utah

• Wisconsin

• West Virginia

In these legal surrogacy states, surrogacy is permitted but might have limitations, conditions or lack explicit provisions. This can lead to potential uncertainties surrounding the enforcement of paid surrogacy contracts. We’re dedicated to providing guidance and support to surrogates and intended parents in these states.

Legally Complicated States

While surrogacy is practiced in these states, existing laws create complications that could make paid surrogacy contracts legally unenforceable or subject to court challenges. The laws in these states can be confusing, but we can help guide you through these legal complexities."

Below are the legal surrogacy states where paid surrogacy contracts are complicated:

• Arizona

• Indiana

• Tennessee

• Virginia

• Wyoming

Illegal States

In some states, surrogacy, whether compensated or not, is against the law. This means that in these states, making any surrogacy arrangements is not prohibited. Since surrogacy contracts are not permitted in these states, we aren’t able to work with surrogates from these areas to avoid legal issues. However, we’re always able to provide useful information and support.

Below are states where paid surrogacy is not legal:

• Louisiana

• Nebraska

If you happen to move to a state where compensated surrogacy agreements are permitted, or if your state changes it’s surrogacy laws to allow paid surrogacy, we’ll be ready to help you begin your surrogacy journey.

To learn more about the legalities of paid surrogacy, contact us online now or text 913-204-0224.