Navigating Surrogacy Laws: The Most Surrogacy-Friendly States in 2025

Patriot Conceptions
Aug 20, 2025
6 min read

Introduction

When it comes to building your family through gestational surrogacy, location matters more than you might think. There are no federal regulations on surrogacy, and state laws differ significantly. Some states are very surrogacy-friendly (such as California), while others are less accommodating. Understanding which states offer the most supportive legal frameworks can make the difference between a smooth surrogacy journey and one filled with unnecessary complications.

What Makes a State “Surrogacy-Friendly”?

In more surrogacy-friendly states, gestational surrogacy is usually permitted by statute, or there are no laws prohibiting surrogacy. Pre-birth orders may or may not be granted, and in some states, their availability depends on various factors.

The key characteristics that make a state surrogacy-friendly include:

Clear statutory permission for gestational surrogacy agreements
Availability of pre-birth orders that establish intended parents’ rights before delivery
Enforceable surrogacy contracts that protect all parties involved
Inclusive policies that don’t discriminate based on marital status or sexual orientation
Streamlined legal processes that minimize complications and delays

The Gold Standard: Top Surrogacy-Friendly States

California: The Pioneer State

Gestational surrogacy is fully permitted and allowed in California. Gestational surrogacy agreements are enforceable, and pre-birth orders are easily obtainable. California has long been considered the gold standard for surrogacy law, with comprehensive statutes refined over decades of practice.

Nevada: Clear and Inclusive

Nevada clearly allows gestational surrogacy and provides a straightforward legal process. Pre-birth orders are available regardless of marital status, sexual orientation, or the use of donor eggs or sperm. There is no residency requirement to pursue surrogacy in Nevada.

Illinois: Comprehensive Protection

Illinois is known for robust legal protections with clear statutory guidance that makes the surrogacy process straightforward for all parties involved.

Other Highly Favorable States

States generally considered to be surrogacy-friendly include California, Illinois, Arkansas, Maryland, Washington, D.C., Oregon, and New Hampshire among others. Additional states that provide strong legal frameworks include:

Arkansas: Gestational surrogacy is specifically permitted. The only exception is for an unmarried same-sex couple using an egg or sperm donor, in which only the biological parent can obtain a pre-birth order.
New Hampshire: Gestational surrogacy is specifically permitted by statute.
North Carolina: Gestational surrogacy is allowed. Pre-birth orders are granted and both intended parents can be declared legal parents if at least one parent is genetically related to the child.

Recent Legal Developments: Michigan’s New Laws

One of the most significant recent developments in surrogacy law occurred in Michigan. Surrogacy is now permitted, with the new statute taking effect April 1, 2025. After 37 years of prohibiting surrogacy contracts, Michigan became the final state to decriminalize and regulate gestational surrogacy.

However, please note that Patriot Conceptions does not currently accept surrogates from Michigan, despite the recent legalization. While we celebrate this progress for Michigan families, we are focusing our current operations on states where we have established relationships and proven processes.

Why State Laws Matter So Much

State surrogacy laws shape the legal surrogacy process. The legal framework in your chosen state affects:

Pre-birth orders: These critical legal documents establish intended parents’ rights before the baby is born, allowing them to make medical decisions and ensuring their names appear on the birth certificate.
Contract enforceability: Surrogacy-friendly states ensure that gestational carrier agreements are legally binding and enforceable, protecting all parties’ interests.
Insurance coverage: Some states have more favorable insurance regulations that can reduce out-of-pocket medical costs.
Parental rights: Clear statutory guidance eliminates ambiguity about who has legal parental rights and when those rights are established.

The Challenges of Less Friendly States

Where gestational surrogacy is permitted but there is neither a statute nor a ruling from the state’s highest court, the question of birth orders may be determined on a county-by-county and even judge-by-judge basis. This inconsistency can create significant challenges and uncertainties for families pursuing surrogacy.

States with less favorable laws may require:

Post-birth adoptions instead of pre-birth orders
Additional legal steps and court appearances
Higher legal costs and longer processing times
Limited options for certain family structures

How Patriot Conceptions Navigates State Laws

At Patriot Conceptions, we work exclusively with surrogates from states that offer the most favorable legal environments for gestational surrogacy. This approach ensures:

Streamlined processes with predictable timelines
Lower legal risks for both surrogates and intended parents
Cost-effective solutions that avoid unnecessary legal complications
Comprehensive protections for all parties throughout the journey

We maintain relationships with experienced reproductive attorneys in each state where we operate, ensuring that every surrogacy arrangement is properly structured according to local laws and regulations.

Choosing the Right State for Your Journey

While intended parents can work with surrogates from different states than where they live, the surrogate’s state of residence typically determines which laws apply to the arrangement. This is why many surrogacy agencies, including Patriot Conceptions, focus on recruiting surrogates from the most legally favorable states.

Factors to consider when evaluating states include:

Legal clarity and consistency in surrogacy statutes
Availability of pre-birth orders for your specific situation
Cost implications of legal processes and requirements
Timeline considerations for completing legal steps

Looking Ahead: The Future of Surrogacy Law

The legal landscape for surrogacy continues to evolve, with more states recognizing the importance of clear, supportive legislation. Michigan’s recent changes represent a broader trend toward acceptance and regulation of gestational surrogacy as a legitimate family-building option.

As laws continue to develop, agencies like Patriot Conceptions stay informed about changes and adapt their practices to best serve families while maintaining the highest standards of legal protection and ethical practice.

Professional Guidance is Essential

For the most up-to-date list, check with an attorney or your surrogacy agency. Surrogacy laws can be complex and change over time, making professional guidance essential for anyone considering this family-building option.

At Patriot Conceptions, we provide comprehensive support that includes:

Detailed guidance on applicable state laws
Coordination with qualified reproductive attorneys
Assistance with all legal documentation and processes
Ongoing support throughout your surrogacy journey

Our experience working within surrogacy-friendly states allows us to provide families with confidence, clarity, and peace of mind as they pursue their dreams of parenthood.

Sources

Hatch Fertility. (2025). The Best U.S. States for Surrogacy in 2025.
Creative Family Connections. (2025, March 31). The US Surrogacy Law Map™.
Worldwide Surrogacy. U.S. Surrogacy Laws by State | Surrogacy Laws & Legal Rights.
The Surrogacy Experience Inc. U.S. Surrogacy Law By State.
Legal Professional Group. (2025). Surrogacy Laws By State.
Giving Tree Surrogacy & Egg Donation. Surrogacy Laws by State.
Surrogate.com. (2023, July 5). Surrogacy Laws.