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US Surrogacy Laws: Is Surrogacy Legal in Every State?

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US surrogacy laws vary from state to state. In some states, such as New Jersey, gestational surrogacy is explicitly permitted under New Jersey’s statutory laws (see the New Jersey Gestational Carrier Agreement Act of 2018).

Conversely, the surrogacy laws of other states expressly forbid the practice of surrogacy. In Arizona, for example, a state statute expressly prohibits surrogacy contracts both for gestational surrogacy and traditional surrogacy. Under Arizona’s surrogacy laws, surrogacy contracts between intended parents and their surrogates remain unenforceable.

When Surrogacy Is Prohibited

Entering into a surrogacy agreement or proceeding with surrogacy in one of the states in which surrogacy is prohibited is extremely risky. You should always contact an experienced surrogacy center to learn the US surrogacy laws as they pertain to your state before securing a surrogate or before agreeing to act as one.

When the Surrogacy Law Is Unclear

In other states, the surrogacy laws are less defined. For example, in Maryland, there is no statute or any case law that prohibits the practice of gestational or traditional surrogacy within the state. As a result, intended parents and their surrogates in Maryland continue to engage in both gestational surrogacy and traditional surrogacy.

The US surrogacy laws in states like Maryland are not easy to understand or search on your own. You want to ensure that you have accurate and current information.

To make matters even trickier for intended parents looking to grow their families, US surrogacy laws do change. If you have not already done so, please look at our Surrogacy Map on our website. This tool provides a brief introduction to US surrogacy laws by state.

Partner with a Surrogacy Professional

Our hope, and the hope of many intended parents and surrogates in the US, is that as the practice of surrogacy continues and grows in popularity, the number of states that expressly permit surrogacy will increase.

We endeavor to update our US surrogacy laws map with the changing law, but the best way to ensure you receive the most accurate and up-to-date information is to contact Baby Steps Surrogacy Center, Inc.

If you are interested in becoming a surrogate mother or if you are an individual or family looking into third-party reproduction options, you can schedule your first appointment with Baby Steps Surrogacy Center, Inc., by clicking on the “Contact” button at the top of our website or by calling our office directly at 412-884-2229.