Where is Paid Surrogacy Legal?

Understanding State Surrogacy Laws

Where is paid surrogacy legal? Here’s everything you need to know about state surrogacy laws.

When you choose to become a surrogate, you’re giving the incredible gift of parenthood to those who couldn’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 help you navigate this legal landscape with confidence.

To find out if paid surrogacy is legal in your state, reach out to us now or text us at 913-204-0224 and get connected to an experienced specialist.

Is it Legal to Pay a Surrogate Mother?

Yes, there are some states where legal compensation for surrogacy is allowed. However, this depends on the state you live in as each state has its laws regulating surrogacy. 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.

See Our Surrogate Compensation Breakdown


Total Compensation:

$50,000 - $110,000+

What's Included:
Base Pay
Think of base pay like your surrogate salary. This payment is deposited monthly once a pregnancy is confirmed, and it is entirely yours to use however you choose!
Pre-Pregnancy Payments:
  • Monthly Allowance
  • Start of Medications Bonus
  • Mock Cycle Payment
  • Travel Expenses
  • Signing Bonus
  • Social Work Screening Bonus
  • Medical Screening Bonus
Pregnancy Payments:
  • Start of Base Pay
  • Transfer Payment
  • Maternity Clothes
  • 3rd Trimester Self Care
  • Medical Procedures Bonus
  • C-Section Payment (if required)
  • Multiples Bonus
  • Bed Rest Coverage
Post-Pregnancy Payments:
  • Post-Pregnancy Self Care
  • Pumping Breast Milk (if agreed upon)
  • Counseling Costs (if needed)
  • Lost Wages
  • Spouse Lost Wages
Additional Benefits:
  • Personal Gifts
  • Referral Bonus
  • Life Insurance & Complications Insurance
  • Medical Insurance
  • Housekeeping Payments
  • Family Meal Payments

Where is Paid Surrogacy Legal?

The legality of surrogacy in the U.S. can vary with some states having clear laws supporting surrogacy and others having no specific laws, making surrogacy more complicated. Understanding the variation in state laws 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. The states where legal compensation for surrogacy is allowed recognize and legally protect your rights in the surrogacy process.

Below are some of the states where paid surrogacy is legal:

  • California

  • Oregon

  • Nevada

  • Connecticut

  • New Hampshire

  • Delaware

  • Maine

  • Washington

These legal surrogacy states have permitted compensation for surrogacy, ensuring both clarity and protection as you navigate whether paid surrogacy is legal in your state. When you’re wondering where is paid surrogacy legal, know that pursuing surrogacy in these states provides a solid legal foundation and peace of mind throughout your 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

  • Arkansas

  • Alaska

  • Florida

  • Georgia

  • Hawaii

  • Illinois

  • Iowa

  • Kansas

  • Kentucky

  • Massachusetts

  • 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

  • Wyoming

In these legal surrogacy states, surrogacy is permitted but might have limitations, conditions or lack explicit provisions, leading to potential uncertainties surrounding the enforcement of paid surrogacy contracts. We’re dedicated to providing guidance and support while navigating the legality of surrogacy in the U.S.

If you’re wondering is it legal to pay a surrogate mother in my state, then contact us online or text us at 913-204-0224 to learn more about compensated surrogacy in your state.  

Legally Complicated States

Although surrogacy is practiced in these states, the laws can create complications that could make paid surrogacy contracts legally unenforceable and could face challenges in court. Although the laws in these states can be confusing, we can help guide you through the legal complexities in these states.

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

  • Tennessee

  • Virginia

  • Arizona

  • Indiana

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 if you’re from these states.

Below are states where paid surrogacy is not legal:

  • Louisiana

  • Michigan

  • Nebraska

If in the future 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 find out if paid surrogacy is legal in your state, then contact us online now or text us at 913-204-0224 to get in touch with a specialist.