What states is surrogacy illegal?

Last updated on April 2023

Surrogacy laws vary widely across the United States, with each state having its own regulations and statutes governing surrogacy agreements. However, it's important to note that laws can change, and for the most up-to-date information, consulting a legal expert in the specific state is advisable. Here's a general overview of the states where surrogacy was known to be challenging or had restrictions:

1. Michigan: Michigan has laws that make all surrogacy contracts, whether traditional or gestational, legally unenforceable. Additionally, compensated surrogacy agreements are prohibited.

2. Louisiana: Louisiana has specific laws that permit only altruistic surrogacy and only for married heterosexual couples. Compensated surrogacy contracts are not recognized.

3. Nebraska: In Nebraska, the law is somewhat unclear, but it generally does not favor surrogacy agreements, especially compensated ones.

4. New York: New York had a long-standing ban on compensated surrogacy, but this changed with the Child-Parent Security Act, effective February 15, 2021. This act legalized and regulated compensated gestational surrogacy in New York. However, traditional surrogacy agreements remain restricted.

In many other states, while surrogacy isn't explicitly illegal, there may not be any laws in place to protect the rights of the parties involved in a surrogacy agreement. This can make surrogacy agreements legally complex. States like Iowa, Virginia, and Texas, for example, have specific conditions under which surrogacy agreements are enforceable.

It's crucial for anyone considering surrogacy to consult with legal professionals who specialize in reproductive law in their respective state to understand the current legal landscape and ensure that their rights and interests are adequately protected.