| Compiled by HRC.org
Permitted:
Six states allow individuals and couples to enter into surrogacy
contracts: Arkansas, California, Illinois (gestational surrogacy
only), Massachusetts, New Jersey (uncompensated surrogacy agreements
only) and Washington (uncompensated surrogacy agreements only).
Prohibited:
The District of Columbia and 11 states prohibit surrogacy agreements
in all or some instances. The District of Columbia and Florida prohibit
surrogacy for all unmarried couples; Indiana and Louisiana prohibit
traditional surrogacy; Michigan and Nebraska prohibit compensated
surrogacy agreements; Nevada prohibits surrogacy for all unmarried
couples; New York, North Dakota and Texas prohibit surrogacy for
all unmarried couples; and Utah and Virginia prohibit surrogacy
for all unmarried couples.
The remaining 34 states have mixed or unclear laws
and/or court case rulings on whether surrogacy agreements are allowed.
The following link has a list of the surrogacy
laws in all 50 states and the District of Columbia. Click on a state
name for more information about laws governing surrogacy in that
state.
Important note: The determination of parenting
rights is always made on a case-by-case basis. If you are facing
a parenting contest or are considering becoming a parent, you should
consult with a lawyer licensed in your state and familiar with GLBT
family law and surrogacy law.
Click
here for individual state laws regarding surrogacy.
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