Laws vary significantly by state, but the national trend is toward regulated, protected surrogacy. Our team manages the legal “triad”: the surrogate’s state, the intended parents’ home state and the birth state.
This page is general information, not legal advice. Laws change; your reproductive attorney will confirm the rules for your journey.
Surrogacy-friendly states
Clear statutes or well-supported case law enforce gestational surrogacy contracts for all intended parents, regardless of sexual orientation or marital status.
| State | Status |
|---|---|
| California | Surrogacy-friendly |
| Connecticut | Surrogacy-friendly |
| Delaware | Surrogacy-friendly |
| Illinois | Surrogacy-friendly |
| Maine | Surrogacy-friendly |
| Nevada | Surrogacy-friendly |
| New Hampshire | Surrogacy-friendly |
| New Jersey | Surrogacy-friendly |
| Oregon | Surrogacy-friendly |
| Rhode Island | Surrogacy-friendly |
| Vermont | Surrogacy-friendly |
| Washington, D.C. | Surrogacy-friendly |
Permitted with restrictions
These states allow surrogacy with conditions such as marital status, medical necessity or extra steps to establish parentage.
| State | Notes |
|---|---|
| Arizona | Proceed with caution |
| Colorado | Proceed with caution |
| Florida | Proceed with caution |
| Indiana | Proceed with caution |
| Michigan | Recently reformed; Royal does not currently accept surrogates living here |
| New York | Permitted under the 2021 Child-Parent Security Act |
| Texas | Proceed with caution |
| Utah | Proceed with caution |
| Virginia | Proceed with caution |
| Wisconsin | Proceed with caution |
Not surrogacy-friendly
| State | Notes |
|---|---|
| Louisiana | Bans compensated surrogacy; limited altruistic surrogacy for married heterosexual couples |
| Nebraska | Compensated surrogacy contracts are void and unenforceable |
If you live in a restricted state
Intended parents. Match with a surrogate in a surrogacy-friendly state. The agreement is usually governed by the surrogate’s state and the birth state, and we coordinate the triad so your parental rights are secure.
Surrogates. You can still help by working with intended parents from another state and delivering in a surrogacy-friendly jurisdiction. Royal handles the legal logistics.
Do you need a reproductive lawyer?
Yes. We work with a curated network of reproductive law attorneys across all 50 states.
- Intended parents: your lawyer drafts the surrogacy agreement, secures pre-birth orders and establishes your parental rights.
- Surrogates: your lawyer, paid for by the intended parents, reviews the agreement to protect your health, financial and personal rights.
What the surrogacy agreement covers
- Compensation, monthly allowances and reimbursements
- Medical procedures, prenatal care and health decisions
- Medical and psychological risks
- Establishing the intended parents as legal parents at birth
- Contingency plans such as selective reduction or multiples
Our ethical commitments
Full informed consent, fair and prompt compensation, the surrogate’s autonomy over her own body with continuous emotional support, and transparency between everyone involved.