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Surrogate Laws

Surrogate mothers are women who bear children for other women, often for compensation. Couples or individuals might seek out a surrogate mother when a woman is unable to bear children due to health risks, is barren or is unable to become pregnant. Surrogates become pregnant either through artificial insemination or surgical implantation of the in vitro fertilization eggs. Surrogate laws vary by state, but there are some laws that several states have in common.

  1. Paid Surrogates Are Criminal

    • Several states prohibit paying a surrogate to carry a child. While the laws allow surrogacy within the state, the surrogate mother must be a volunteer. The states that expressly prohibit paying a surrogate are: Washington, Utah, Arizona, New Mexico, Michigan and New York.

    Prohibit Surrogacy for Unmarried Couples

    • Some states allow surrogacy, as long as the couple who will receive the child is married. If the couple is a boyfriend and girlfriend or are only friends that want a baby, the state will not allow a surrogate mother to bear the child. The states that prohibit surrogacy for unmarried couples are: Florida, Nevada, New York, North Dakota, Texas, Utah and Virginia. The District of Columbia also prohibits surrogacy for non-married couples.

    Unclear Laws or Case Laws

    • In some states, the legality of surrogacy is based upon the specific situation, and laws are enforced on a case-by-case basis. California, Hawaii, Kentucky and Oklahoma have surrogacy laws in place, but the laws are difficult to understand, not enforced or are followed on a case-by-case basis.

    No State Laws

    • Several states do not have laws about surrogacy. These states include Oregon, Idaho, Mississippi, Georgia, Alabama, Pennsylvania and Maine. Other states, including Tennessee, Virginia and Maryland, recognize surrogacy as legal, but do not have specific laws regarding who can have a surrogate and who cannot.

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