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Navigating Surrogacy Laws Nationwide

We guide intended parents and surrogates through the legal nuances of every surrogacy-friendly state, led by the gold standard of Vermont law.

The Vermont Advantage: Setting the Gold Standard

While surrogacy laws vary wildly across the United States, Vermont stands alone as one of the most secure, progressive, and legally sound jurisdictions for building a family. At Onne Life Surrogacy, we leverage the "Vermont Way" to provide a level of protection and peace of mind that is rare in the industry.


Why Vermont is the Premier Choice for Surrogacy:

  • Inclusive Legal Protection: The Vermont Parentage Act ensures that all Intended Parents—regardless of marital status, gender identity, or genetic connection to the child—can be recognized as the legal parents from the moment of birth.

  • The Pre-Birth Order (PBO): In Vermont, we can routinely secure court orders before the baby is born. This means your names go directly on the birth certificate, and there is no need for costly second-parent adoptions or post-birth legal hurdles.

  • Established Case Law: Unlike states with "unregulated" or "grey area" laws, Vermont has decades of stable, favorable court precedents. This eliminates the "legal guesswork" and protects the rights of the intended parents, the surrogate, and the child.

  • Ethical Frameworks: Vermont law requires independent legal representation for both the surrogate and the intended parents, ensuring that every journey is built on a foundation of informed consent and mutual respect.

The Onne Life Reach: Even if you do not reside in Vermont, our deep expertise in this "Gold Standard" state allows us to apply these high ethical and legal benchmarks to your journey, wherever it may take place.


Search below to see how your state compares to the Vermont Standard.


Tier 1: Highly Friendly / Statutorily Legal

These states have clear laws supporting surrogacy for all parents.

California

The Law: Permissive and well-established. Pre-birth orders are standard for all parent types.

Statute:California Family Code § 7960

Vermont

The Law: The "Gold Standard." Clear statutes protect all parties; pre-birth orders available regardless of genetics or marital status.

Statute:Vermont Parentage Act (15C V.S.A. § 801)

Maine

The Law: Very friendly. Clear statutes for gestational carrier agreements.

Statute:Maine Parentage Act (19-A M.R.S. § 1931)

New Hampshire

The Law: Highly favorable with clear requirements for both parties.

Statute:N.H. Rev. Stat. § 168-B

Connecticut

The Law: Very friendly; court-ordered parentage is streamlined.

Statute:CT Gen Stat § 7-48a

Nevada

The Law: One of the most friendly in the West; protects all family types.

Statute:NRS Chapter 126

District of Columbia (DC)

The Law: Fully legalized and friendly as of 2017.

Statute:D.C. Law 16-406

New Jersey

The Law: Gestational Carrier Agreement Act (2018) makes it very secure.

Statute:NJ Rev Stat § 9:17-60

New York

The Law: Legalized in 2021 via the Child-Parent Security Act.

Statute:CPSA Information

Illinois

The Law: Very friendly; administrative process for parentage.

Statute:750 ILCS 47/ Gestational Surrogacy Act

Delaware

The Law: Statutory protections for gestational surrogacy.

Statute:13 Del. C. § 8-801

Rhode Island

  • The Law: Uniform Parentage Act makes it very friendly.

  • Statute:Rhode Island Uniform Parentage Act (RIUPA)

  • Washington

  • The Law: Updated in 2019 to be fully compensated and friendly.

  • Statute:RCW Uniform Parantage Act 26.26A.700

  • Michigan

  • The Law:Highly Friendly. As of 2024, the Michigan Family Protection Act fully legalizes compensated gestational surrogacy and provides a clear, statutory path for parentage orders.

  • Statute:Michigan Family Protection Act Act 24 of 2024

  • Massachusetts

  • The Law: The Massachusetts Parentage Act (MPA) now provides clear statutory protection for all family types (married, unmarried, LGBTQ+) and routinely grants pre-birth orders.


  • Statute:Massachusetts Parentage Act (MGL c. 209C, §§ 28A-28P)


  • The "Onne" Note: With the 2025 Parentage Act, Massachusetts now mirrors our home state of Vermont in providing top-tier legal security for all parents."

  • Hawaii

  • The Law:NEW FOR 2026.Act 298 went into effect on January 1, 2026, modernizing parentage laws to be fully inclusive of intended parents, regardless of gender or marital status.

  • Statute: Hawaii Act 298 (SB1231)

  • The "Onne" Note: "Hawaii’s 2026 update makes it a brand-new 'Gold Standard' state for Pacific-based families and surrogates."

  • Tier 2: Friendly / Case Law Governed

    These states are safe but often require more specific court steps because laws are based on previous court rulings.

    Oregon

  • The Law: Very friendly, though based primarily on practice and case law rather than a massive statute.

  • Resource:Oregon Health Authority - Parentage

  • Texas

  • The Law: Friendly for gestational surrogacy, but statutes specifically address married Intended Parents. Unmarried parents can still navigate it, but it is more complex.

  • Statute:TX Family Code § 160.751

  • Florida

  • The Law: Friendly for married couples.

  • Statute:FL Statute § 742.15

  • Arkansas

  • The Law: Friendly; statutes explicitly allow for surrogacy.

  • Statute:AR Code § 9-10-201

  • Utah

  • The Law: Friendly but requires court approval of the agreement before the transfer.

  • Statute:Utah Code § 78B-15-801

  • Colorado

  • The Law: Friendly; updated in 2021 to provide statutory clarity.

  • Statute:CO Rev Stat § 19-4.5-101

  • Georgia

  • The Law: No statutes, but very favorable case law makes it a common destination.

  • Resource:Assisted Reproductive Technology Laws in Georgia

  • Minnesota, Wisconsin, Ohio, Pennsylvania, Maryland, South Carolina

    The Law: Generally friendly. These states lack specific "Yes" or "No" laws but have favorable court precedents.

    Minnesota: LPG Surrogacy Laws by State

    Wisconsin: Wisconsin State Law Chapter 69.14 2b

    Tier 3: Procedural / Requires Caution

    These states may have restrictions based on the parents' marital status or genetic connection.

    Alabama, Alaska, Arizona, Indiana, Idaho, Iowa, Kansas, Kentucky, Mississippi, Missouri, Montana, New Mexico, North Carolina, North Dakota, Oklahoma, South Dakota, Tennessee, Virginia, West Virginia, Wyoming.

    Status: Generally "Unregulated." Surrogacy is practiced, but the lack of clear laws means you need highly specialized local attorneys to ensure the birth certificate is handled correctly.

    Tier 4: Non-Friendly / Prohibited

    Caution: These states either criminalize compensated surrogacy or make the contracts void.

    Louisiana

  • The Law: Very restrictive. Only available to married couples using their own eggs/sperm.

  • Statute:LA Rev Stat § 9:2713

  • Nebraska

  • The Law: Surrogacy contracts are void and unenforceable by statute.

  • Statute:NE Stat. § 25-21,200