State-by-State Surrogacy Contract Requirements

Surrogacy Contract Requirements by State

Every state’s legal environment is unique, ranging from states with detailed statutes like the Uniform Parentage Act (UPA) to those that rely on common law. Below is a breakdown of the specific legal requirements and attorney options for all 50 states.

Alabama Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Ala. Code § 26-17-801.
• Contract Requirements: Agreements must clearly state that the surrogate has no parental rights and that the intended parents assume all legal and financial responsibility.

Alabama surrogacy attorneys

• Peeples Law (Birmingham): Peeples Law practices exclusively in the area of family law with a concentration on matrimonial law and assisted reproductive technology (ART) law.
• New Beginnings Family Law, P.C. (Huntsville):  A local law firm with more than a decade of experience handling all types of family law cases.

Alaska Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Common law.
• Contract Requirements: While Alaska lacks a specific statute, courts generally enforce written agreements that follow ASRM standards and require independent legal counsel for all parties.

Alaska surrogacy attorneys

• Otterson Law & Mediation, P.C. (Anchorage): Otterson Law & Mediation, P.C. attorneys are trained in this area of family and fertility law and can confidently draft and negotiate surrogacy agreements.
• Colbert Family Law, LLC (Anchorage): Colbert Family Law, LLC offers legal counsel and contract preparation for sperm donors and intended parents.

Arizona Surrogacy Contract Requirements

• Enforceability: Enforceable via case law.
• Key Legal Authority: A.R.S. § 25-218 and Soos v. Superior Court.
• Contract Requirements: Though a state statute technically bans surrogacy, case law allows biological parents to obtain parentage orders if they meet strict Arizona surrogacy requirements.

Arizona surrogacy attorneys

• Foster + Bloom (Tucson): An Arizona native, attorney Heather Strickland has been practicing adoption, assisted reproduction and family law for over 20 years.
• Lincoln & Wenk, PLLC (Phoenix, Goodyear): Lincoln & Wenk specializes in the complexities of ART law, whether you are seeking to grow your family or assist others in their journey to parenthood.

Arkansas Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Ark. Code Ann. § 9-10-201.
• Contract Requirements: Arkansas law is highly favorable and requires a written agreement to issue birth certificates naming the intended parents as the sole legal parents.

Arkansas surrogacy attorneys

• Foster + Bloom: Joanna Beck Wilkinson is a founding member of Foster + Bloom, is licensed to practice as an Arkansas surrogacy lawyer and a member of the American Bar Association’s Family Law Section on assisted reproductive technology
• Tripcony May (Little Rock): Provides comprehensive legal services for gestational surrogacy with extensive experience.

California Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: California Family Code § 7960 et seq.
• Contract Requirements: The contract must be signed before medical procedures begin and all parties must be represented by independent counsel.

California surrogacy attorneys

• Foster + Bloom (Ventura/San Diego): Founding members Michelle Evans and Tifany Markee both serve different areas of California. Evans has been practicing law for more than 17 years and practices reproductive law, including egg and sperm donation, surrogacy and intended parents’ rights in Ventura. Markee, based in San Diego, works in international surrogacy, with a focus on the acquisition of U.S. citizenship for babies born through assisted reproductive technology and on immigration and visa matters for foreign intended parents.
• Falletta & Klein (San Diego): A premier firm for parentage orders and surrogacy contract negotiations.
• International Fertility Law Group (Los Angeles): A veteran California surrogacy lawyer firm serving domestic and international families.
• Reproductive Law Center (La Mesa): Focuses on the legal mechanics of surrogacy and egg donation.

Colorado Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Colorado Surrogacy Agreement Act (C.R.S. § 19-4.5-101).
• Contract Requirements: Under state law, the surrogate must be 21 and have given birth previously. Mental health evaluations are a mandatory part of Colorado surrogacy requirements.

Colorado surrogacy attorneys

• Foster + Bloom: Founding member Tifany Markee became licensed in Colorado in 2025. In addition to immigration, Markee handles international surrogacy, specializing in U.S. citizenship for babies born through assisted reproductive technology.
• Virginia Frank (Boulder): Frank has experience helping Intended Parents and Surrogates navigate the surrogacy process from start to finish.
• Hall & Evans LLC (Denver): Provides legal counsel for surrogacy and reproductive donation.

Connecticut Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Sec. 46b-523
• Contract Requirements: Connecticut allows for pre-birth orders regardless of genetic connection, provided a valid contract is executed before birth.

Connecticut surrogacy attorneys

• Kocian Law Group (Hartford): Kocian Law Group has experience representing surrogate families in entering contractual agreements for surrogacy.
• BPS Lawyers (East Hampton): BPS Lawyers can assist both IPs as well as donors and surrogates in drafting and reviewing contracts for traditional and gestational surrogacy and for egg and sperm donation.

Delaware Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Del. Code Ann. tit. 13, § 8-801 et seq.
• Contract Requirements: Delaware provides clear administrative procedures for parentage if the contract is signed before the embryo transfer.

Delaware surrogacy attorneys

• Morris James LLP (Wilmington): Morris James attorneys represent intended parents and other parties in family law matters, whether it be as counsel for a proposed surrogate or a parent.
• Meryl B. Rosenberg, Esq. (Potomac, MD):  Since 1993, Rosenberg has helped Intended Parents, Surrogates, and Donors navigate surrogacy agreements, donor contracts and parentage.

Florida Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Florida Statutes Chapter 742.15
• Contract Requirements: Requires the surrogate to be at least 18 and for the contract to state that she has the right to manage her own healthcare decisions.

Florida surrogacy attorneys

• Foster + Bloom (Naples/Deerfield Beach): Founding members Barbara Ginn and Nicole Skellinger both serve different parts of Florida. In 2022, Ginn expanded her practice to include assisted reproductive technology law. Skellinger has more than 15 years of experience in family formation law and is recognized nationally as an expert in Hague compliance
• Robert T. Terenzio (Orlando): A dedicated Florida surrogacy lawyer practicing exclusively in ART law.
• Tate | Healey | Webster (Tampa):  Tate Healey Webster provides experienced legal guidance for gestational surrogacy agreements throughout Florida.

Georgia Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Common law.
• Contract Requirements: Georgia courts are surrogacy-friendly and typically enforce contracts that follow ASRM guidelines.

Georgia surrogacy attorneys

• Foster + Bloom (Lawrenceville): Founding member Sherriann Hicks focuses her legal career on assisted reproduction among other field, working for children and their best interests.
• Claiborne | Fox | Bradley | Goldman (Atlanta): Highly experienced in drafting Georgia surrogacy agreements.

 

Massachusetts Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: MGL c. 209C, §§ 28B and Hodas v. Morin.
• Contract Requirements: Massachusetts is highly surrogacy-friendly despite a lack of specific statutes, relying on case law for enforcement.

Massachusetts surrogacy attorneys

• The Fertility Law Center, P.C. (Westborough): Focuses exclusively on surrogacy and reproductive law.
• Law Office of Melissa L. Torto, LLC (Boston): Provides legal counsel for gestational agreements and parentage orders.

Michigan Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: MCL - Section 722.1903
• Contract Requirements: Under the new 2024 laws, Michigan allows for fully enforceable contracts and streamlined parentage orders.

Michigan surrogacy attorneys

• Stimpson & Associates (Ann Arbor, Tecumseh): A dedicated Michigan surrogacy lawyer firm specializing in the new state act.
• Neumann Law Group (Detroit): Assists with surrogacy contracts and parentage throughout Michigan.

Minnesota Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Common law.
• Contract Requirements: Minnesota courts regularly grant pre-birth orders, though careful contract drafting is necessary to meet judicial standards.

Minnesota surrogacy attorneys

• Messerli | Kramer (Minneapolis): A local law firm with experience working with families considering assisted reproduction and surrogacy as a way to build their family.
• Stephen H. Snyder & Associates (Champlin): An experienced Minnesota surrogacy lawyer focusing on reproductive law.

Mississippi Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Common law.
• Contract Requirements: While no statute exists, Mississippi courts are generally favorable to gestational surrogacy agreements.

Mississippi surrogacy attorneys

• Ashley W. Pittman, PLLC (Jackson): An experienced Mississippi surrogacy lawyer for local families.

Missouri Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Common law.
• Contract Requirements: Missouri judges frequently grant parentage orders based on valid gestational agreements that follow ASRM standards.

Missouri surrogacy attorneys

• Foster + Bloom (Columbia/St. Louis): Founding members Mary Beck and Joanna Beck Wilkinson are both based in Missouri with a long history in assisted family reproductive law.
• The Law Office of Michael J. Belfonte (Kansas City): Assists families with gestational agreements across Kansas and Missouri.

Montana Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Common law.
• Contract Requirements: Montana courts generally approve surrogacy contracts, provided they include independent counsel for both parties.

Montana surrogacy attorneys

• Hall & Evans LLC (Billings/Missoula): Chaired by Susan G. Ridgeway, an expert in surrogacy and reproductive donation law.
• Embaby Fertility Law PLLC (Bozeman): Montana’s only law firm 100% dedicated to fertility law

Nebraska Surrogacy Contract Requirements

• Enforceability: Limited.
• Key Legal Authority: Neb. Rev. Stat. § 25-21,200.
• Contract Requirements: Compensated surrogacy is unenforceable in Nebraska. Altruistic agreements require specific legal steps to establish parentage.

Nebraska surrogacy attorneys

• Hightower Reff Law (Omaha): An experienced Nebraska surrogacy lawyer firm that practices family formation law.
• Gehling Osborn Law Firm, PLC (Sioux City): Extensive experience in assisted reproduction, offering guidance to both agency-assisted and independent surrogacy arrangements.

Nevada Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: NRS Chapter 126.710
• Contract Requirements: Nevada has some of the most favorable laws in the country, with clear statutory rules for all intended parents.

Nevada surrogacy attorneys

• Eric A. Stovall, LTD (Las Vegas): Offers expert representation for intended parents and surrogates.
• Surratt Law Family Matters (Reno): Offers expert representation for intended parents and surrogates.

New Hampshire Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: NH Rev Stat § 168-B:11.
• Contract Requirements: Strict statutory rules regarding mental health screenings and age limits for surrogates must be met for a contract to be valid.

New Hampshire surrogacy attorneys

• Law Offices of Catherine Tucker (Loudon): Handles fertility law matters in New Hampshire, including surrogacy.
• Oleaga Law LLC (Portland ME): An experienced Maine surrogacy lawyer firm for all family types.

New Jersey Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Gestational Carrier Agreement Act (N.J.S.A. 9:17-60).
• Contract Requirements: New Jersey law provides clear protections and streamlined parentage orders for gestational agreements.

New Jersey surrogacy attorneys

• Foster + Bloom: Senior partner Elizabeth (Liz) Vaysman is a family law attorney with over a decade of experience helping clients navigate the complexities of assisted reproduction.
• Melissa B. Brisman, Esq. (Montvale): Brisman has dedicated her career to helping couples and individuals fulfill their dreams of parenthood

New Mexico Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: N.M. Stat. Ann. § 40-11A-801.
• Contract Requirements: New Mexico law allows for parentage orders through the Uniform Parentage Act, provided the contract is legally sound.

New Mexico surrogacy attorneys

• Batley Riley Family Law (Albuquerque): Attorney Roberta Batley is experienced in surrogacy and other assisted reproduction processes.

 

Tennessee Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Tenn. Code Ann. § 36-1-102(52)
• Contract Requirements: Tennessee law favors genetic parents in surrogacy arrangements, requiring specific contractual language.

Tennessee surrogacy attorneys

• TN Baby Law (Nashville): An experienced Tennessee surrogacy lawyer focusing on family law.
• Lisa L. Collins (Nashville/Franklin): Provides legal counsel for surrogacy.

Texas Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Texas Family Code Chapter 160.754
• Contract Requirements: Texas allows for court-validated agreements, providing high security for intended parents before the birth.

Texas surrogacy attorneys

• Brown Pruitt (Fort Worth): A veteran firm with an experienced Texas surrogacy lawyer team.
• Katrina Cassidy, P.C. (The Woodlands): Cassidy’s reproductive law practice focuses exclusively on assisting Intended Parents through the complete gestational surrogacy process.
• Tholstrup Law Firm (Houston): Experts in the field of assisted reproductive technology.
• Gaydos Duffer, P.C. (Arlington): Gaydos Duffer has the expertise and knowledge to represent you as an Intended Parent(s), Surrogate/Gestational Carrier, or Donor.

Utah Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Utah Code Ann. § 81-5-801.
• Contract Requirements: A statutory process for court-approved contracts ensures all parties are protected under Utah law.

Utah surrogacy attorneys

• Third Party Reproduction Law: Over a decade of practice exclusively in fertility law, providing Gestational Carrier Agreements within three business days of receiving information and medical clearance of your Gestational Carrier..
• Anderson | Hinkins (Jordan): An experienced Utah surrogacy lawyer firm representing both intended parents and surrogates in surrogacy matters.

Vermont Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Vermont Parentage Act.
• Contract Requirements: Vermont provides clear statutory protections for both surrogates and intended parents.

Vermont surrogacy attorneys

• Tarnelli & Hughes (Burlington): An experienced Vermont surrogacy lawyer firm for all families.

Virginia Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Va. Code § 20-156 et seq.
• Contract Requirements: One of the most detailed statutory states; strict adherence to every requirement is necessary to secure rights without court.

Virginia surrogacy attorneys

• Foster + Bloom (Rockville, MD): Founding member Catelyn Slattery focuses exclusively on adoption and family formation through assisted reproductive technology.
• The Law Office of Colleen M. Quinn (Richmond): A premier attorney for ART and surrogacy.

Washington Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: RCW 26.26A.700 – 26.26A.785
• Contract Requirements: Modernized statutes allow for compensated surrogacy and clear paths to pre-birth parentage orders.

Washington surrogacy attorneys

• Foster + Bloom (Seattle): Founding member Janna Annest guides families through Washington surrogacy requirements and legal filings.
• Christina T. Sherman, PLLC (Fircrest): An experienced Washington surrogacy lawyer firm for ART.

West Virginia Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: W.VA Code 61-2-14h(e)(3)
• Contract Requirements: West Virginia law explicitly permits surrogacy for all family types, making it a supportive environment for intended parents.

West Virginia surrogacy attorneys

• Saluja Law (Charleston): Provides legal representation for gestational agreements.
• Vivian H. Basdekis (Charleston): A Partner with FTB Gibbons, Basdekis also practices surrogacy law, representing intended parents and gestational carriers in the negotiation and drafting of gestational surrogacy agreements.

Wisconsin Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Rosecky v. Schissel.
• Contract Requirements: Wisconsin courts generally enforce surrogacy agreements if they meet basic fairness standards and follow ASRM protocols.

Wisconsin surrogacy attorneys

• Theresa L. Roetter (Madison): A leading Wisconsin surrogacy lawyer specializing in family formation.
• The Law Center (Madison): Practices in surrogacy and reproductive law.

Wyoming Surrogacy Contract Requirements

• Enforceability: Enforceable.
• Key Legal Authority: Common law.
• Contract Requirements: While no specific statute exists, courts are generally favorable to surrogacy contracts that include independent legal representation.

Wyoming surrogacy attorneys

• Hall & Evans LLC (Cheyenne): Provides specialized legal counsel for reproductive donation.

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