The Best US States for Surrogacy Process

Why are the couples choosing the US for International Surrogacy?

First, in most European countries, like in most Asian countries, Surrogacy is banned by law. A few countries can offer Surrogacy for a married heterosexual couple. Fewer countries may offer Surrogacy for LGBTQIA+ couples. And very few countries are offering Surrogacy for a single mother or father by choice. Plus, not each country where Surrogacy is legal or considered as legal as it is neither permitted nor prohibited, has well–developed legal process. This makes the United States a unique country as it offers Surrogacy for Singles (single men and single women), Surrogacy for Married/Unmarried heterosexual couples, and Surrogacy for Married/Unmarried LGBTQIA+ couples. 

Welcoming a baby born through Surrogacy involves following a legal process as stated by the state where Surrogacy is done. The intended parent(s) and surrogate mother are required to sign a Surrogacy Contract to avoid any legal misunderstandings between contracting parties. And after the Contract has been signed, the Surrogacy process can be started. But not always Surrogacy legislation is transparent enough to start the process immediately. Surrogacy Laws vary from state to state and can be both confusing and non–transparent — especially because there are no Federal Laws regulating Surrogacy in the United States. Most of the states in the US have loyal legislation when it comes to Surrogacy. And just a few states prohibited Surrogacy and are known as not surrogacy–friendly. Let’s explore the top 10 states that are known as surrogacy–friendly. 

Surrogacy–friendly states in the US

Some states in the US are considered to be surrogacy–friendly, meaning they either have statutes permitting and regulating the Surrogacy process, or they have extensive experience in ruling the Surrogacy cases.  

Surrogacy–friendly states almost always grant pre–birth orders regardless of the intended parents’ marital status, sexual orientation, and in some cases, genetic relationship to the baby. These states allow Commercial (compensated) and Altruistic (uncompensated) Surrogacy. But it should be noted, that Traditional Surrogacy laws vary from state to state, and in some states, statutes on Traditional Surrogacy are considered not clear or/and legally risky. And vs: Gestational Surrogacy is the most common type of Surrogacy as the baby doesn’t have a genetic link to the surrogate mother, and most states have statutes on it. 

These states are considered surrogacy–friendly:

• Washington
• Rhode Island
• Oregon
• Nevada
• New Hampshire
• Maine
• District of Columbia
• Delaware
• Connecticut
• California

Surrogacy in California 

California is one of the top Surrogacy Destinations in the United States, both for Americans and international intended parents. It is one of the most surrogacy–friendly states in the US, so becoming a parent through Surrogacy here is a seamless and stress–free experience. The Surrogacy Laws in California are outlined in the California Family Code § 7960. And according to the law:

• Traditional Surrogacy is legal as it is not prohibited;
• Gestational Surrogacy is legal;
• Commercial Surrogacy is legal. 

Access to Surrogacy in California is allowed for: 

• Singles (single men and single women) 
• Married/Unmarried heterosexual couples
• Married/Unmarried LGBTQIA+ couples

Surrogacy programs offered in California: 

• Surrogacy using own gametes 
• Surrogacy using Donor’s Eggs or Sperm
• Surrogacy with Frozen Embryo Transfer 
• Singles (single men and single women should use their oocytes or sperm in Embryo Generation)

Surrogacy in Connecticut

Connecticut may not be large, and there are fewer Fertility Clinics and Surrogacy Agencies offering Surrogacy services, but it is also a surrogacy–friendly state. There are specific surrogacy laws in Connecticut framing the Surrogacy process. According to Connecticut surrogacy laws: 

• Traditional Surrogacy is legal as it is not prohibited;
• Gestational Surrogacy is legal;
• Commercial Surrogacy is legal. 

Access to Surrogacy in Connecticut is allowed for: 

• Singles (single men and single women) 
• Married/Unmarried heterosexual couples
• Married/Unmarried LGBTQIA+ couples

Surrogacy Programs offered in Connecticut: 

• Surrogacy using own gametes 
• Surrogacy using Donor’s Eggs or Sperm
• Surrogacy with Frozen Embryo Transfer 
• Singles (single men and single women should use their oocytes or sperm in Embryo Generation) 

Surrogacy in Delaware

Being small, yet powerful and surrogacy–friendly, Delaware packs a lot into a small space. Here, you can easily find many Surrogacy Agencies and fertility clinics offering Surrogacy Services. At first glance, the Surrogacy process in Delaware might seem an overwhelming experience, but Delaware is one of the safest and most clear–cut states to start and complete one beautiful surrogacy journey. Surrogacy in Delaware is regulated by the ‘Gestational Carrier Agreement Act’ (2013), which states how the Surrogacy process should proceed. According to Delaware Surrogacy Laws: 

• Traditional Surrogacy is legal as it is not prohibited;
• Gestational Surrogacy is legal;
• Commercial Surrogacy is legal. 

Access to Surrogacy in Delaware is allowed for: 

• Singles (single men and single women) 
• Married/Unmarried heterosexual couples
• Married/Unmarried LGBTQIA+ couples

Surrogacy programs offered in Delaware: 

• Surrogacy using own gametes 
• Surrogacy using Donor’s Eggs or Sperm
• Surrogacy with Frozen Embryo Transfer 
• Singles (single men and single women should use their oocytes or sperm in Embryo Generation)

Surrogacy in the District of Columbia

The District of Columbia, located on the Potomac River between Maryland and Virginia, is one more surrogacy–friendly destination chosen by intended parents. Official legalization of Surrogacy in Washington, D.C., was completed on April 7, 2017, by issuing the final version of the District of Columbia’s Gestational Surrogacy statute which regulates the Surrogacy Process from the beginning to the end. According to the Washington, D.C. Surrogacy Laws: 

• Traditional Surrogacy is legal as it is not prohibited;
• Gestational Surrogacy is legal;
• Commercial Surrogacy is legal. 

Access to Surrogacy in the District of Columbia is allowed for: 

• Singles (single men and single women) 
• Married/Unmarried heterosexual couples
• Married/Unmarried LGBTQIA+ couples

Surrogacy Programs offered in the District of Columbia: 

• Surrogacy using own gametes 
• Surrogacy using Donor’s Eggs or Sperm
• Surrogacy with Frozen Embryo Transfer 
• Singles (single men and single women should use their oocytes or sperm in Embryo Generation) 

Surrogacy in Maine

Maine, with its mystique, breathtaking coastline with waves breaking against rocky coasts, colorful boats, lighthouses, and tall pine trees, is also known as a Surrogacy destination. The Maine Surrogacy process is carefully regulated by a series of laws called the Maine Parentage Act (Title 19A, Chapter 61) established in 2016 (effective July 1, 2016). According to the Maine Surrogacy Laws:

• Traditional Surrogacy is legal but the surrogate mother must be a family member of an intended parent with whom she (the surrogate mom) is entering into a Surrogacy contract;
• Gestational Surrogacy is legal;
• Commercial Surrogacy is legal. 

Access to Surrogacy in Maine is allowed for: 

• Singles (single men and single women) 
• Married/Unmarried heterosexual couples
• Married/Unmarried LGBTQIA+ couples

Surrogacy programs offered in Maine: 

• Surrogacy using own gametes 
• Surrogacy using Donor’s Eggs or Sperm
• Surrogacy with Frozen Embryo Transfer 
• Singles (single men and single women should use their oocytes or sperm in Embryo Generation)

Surrogacy in New Hampshire

Being the shortest of any coastal state in the US, New Hampshire is an amazing state to start the surrogacy journey. Gestational Surrogacy is permitted in New Hampshire by the revised statute, annex 168–B, relative to Surrogacy. According to the New Hampshire Surrogacy laws: 

• Traditional Surrogacy is legal as it is not prohibited;
• Gestational Surrogacy is legal;
• Commercial Surrogacy is legal. 

Access to Surrogacy in New Hampshire is allowed for: 

• Singles (single men and single women) 
• Married/Unmarried heterosexual couples
• Married/Unmarried LGBTQIA+ couples

Surrogacy programs offered in New Hampshire: 

• Surrogacy using own gametes 
• Surrogacy using Donor’s Eggs or Sperm
• Surrogacy with Frozen Embryo Transfer 
• Singles (single men and single women should use their oocytes or sperm in Embryo Generation) 

Surrogacy in Nevada

Nevada is a great destination for all intended parents seeking Surrogacy as it has the most detailed Surrogacy laws in the United States. According to Nevada Revised Statute NRS 126.500–126.810: 

• Traditional Surrogacy is prohibited (the surrogate mother cannot be an Egg Donor, thus, Traditional Surrogacy is impossible);
• Gestational Surrogacy is legal;
• Commercial Surrogacy is legal. 

Access to Surrogacy in Nevada is allowed for: 

• Singles (single men and single women) 
• Married/Unmarried heterosexual couples
• Married/Unmarried LGBTQIA+ couples

Surrogacy Programs offered in Nevada: 

• Surrogacy using own gametes 
• Surrogacy using Donor’s Eggs or Sperm
• Surrogacy with Frozen Embryo Transfer 
• Singles (single men and single women should use their oocytes or sperm in Embryo Generation)

Surrogacy in Oregon

A state of adventurous landscapes, from the coast to the mountains, Oregon is another state where it is possible to complete the family through Surrogacy. The only statute concerning Surrogacy in Oregon outlines who is and is not legally responsible for a child resulting from Assisted Reproduction, and there are no laws specifically governing the Surrogacy Process neither Gestational or Traditional. Therefore, Gestational and Traditional Surrogacy is allowed because no statute or published case law prohibits it. According to the Surrogacy Laws:

• Traditional Surrogacy is legal;
• Gestational Surrogacy is legal;
• Commercial Surrogacy is legal. 

Access to Surrogacy in Oregon is allowed for: 

• Singles (single men and single women) 
• Married/Unmarried heterosexual couples
• Married/Unmarried LGBTQIA+ couples

Surrogacy Programs offered in Oregon: 

• Surrogacy using own gametes 
• Surrogacy using Donor’s Eggs or Sperm
• Surrogacy with Frozen Embryo Transfer 
• Singles (single men and single women should use their oocytes or sperm in Embryo Generation)

Surrogacy in Rhode Island

This smallest state in the U.S., with its compelling coastline along the Atlantic Ocean and Narragansett Bay, is a wonderful place for having a Surrogacy experience. The new Rhode Island law permits Gestational Surrogacy under the amended Uniform Parentage Act (Article 8 — Parentage by Gestational Carrier Agreement (§§ 15–8.1–801—15–8.1–809), which took effect on January 1, 2021. According to the Rhode Island Surrogacy law: 

• Traditional Surrogacy is legal (only if it is an Altruistic Surrogacy);
• Gestational Surrogacy is legal;
• Commercial Surrogacy is legal (only for Gestational Surrogacy). 

Access to Surrogacy in Rhode Island is allowed for: 

• Singles (single men and single women) 
• Married/Unmarried heterosexual couples
• Married/Unmarried LGBTQIA+ couples

Surrogacy programs offered in Rhode Island: 

• Surrogacy using own gametes 
• Surrogacy using Donor’s Eggs or Sperm
• Surrogacy with Frozen Embryo Transfer 
• Singles (single men and single women should use their oocytes or sperm in Embryo Generation)

Surrogacy in Washington

The state of Washington with its wild and wondrous Pacific Northwest landscapes is open for Surrogacy and invites intended parents from all states and other countries in the world to come and have on beautiful surrogacy experience. On January 1, 2019, the new legislation which amends the Uniform Parentage Act has been introduced, and according to RCW 26.26A: 

• Traditional Surrogacy is legal;
• Gestational Surrogacy is legal;
• Commercial Surrogacy is legal. 

Access to Surrogacy in Washington is allowed for: 

• Singles (single men and single women) 
• Married/Unmarried heterosexual couples
• Married/Unmarried LGBTQIA+ couples

Surrogacy programs offered in Washington: 

• Surrogacy using own gametes 
• Surrogacy using Donor’s Eggs or Sperm
• Surrogacy with Frozen Embryo Transfer 
• Singles (single men and single women should use their oocytes or sperm in Embryo Generation)

Surrogacy everywhere else in the United States: is it possible? 

Surrogacy in most other states is possible, except Surrogacy in Louisiana, Michigan, and Nebraska. These three states are known as less surrogacy–friendly as their legislation prohibited Surrogacy both for US and international parents. Louisiana Surrogacy Bill HB 1102 restricts Gestational Surrogacy to all singles and couples seeking Surrogacy Services. The Michigan Surrogate Parenting Act MCL Section 722.851 makes all Surrogacy contracts, agreements, or arrangements unenforceable. In addition, Commercial Surrogacy Contracts are subject to criminal penalties. In Nebraska, the statute R.R.S. Neb. 25–21, 200 (2007) prohibits all types of Surrogacy (Gestational, Traditional, Altruistic, and Commercial) for all intended parents.