Is Surrogacy Legal?

Is Surrogacy Legal? Many new to the surrogate motherhood community wonder that exact question. The answer varies depending on what state you choose to do your journey in. Laws vary by state.

As you begin to explore surrogate motherhood as an option for your family, whether that is looking for a surrogate mother, or becoming a traditional or gestational surrogate mother yourself, you will need to find out: is surrogacy legal in your state?

The unfortunate answer is that surrogate motherhood is, in fact, illegal in some states, such as Washington and New York. But, there are usually ways to get around this.

Your ability to become a surrogate, or use a surrogate, will depend directly on which state the baby is born in. It may also matter which state you reside in.

Some states have excellent laws, some states have no laws, and others are very strict on their laws or forbid it entirely. In some situations, gestational surrogacy may be legal, while traditional is not.

The best place to start for research in your particular state is the Human Rights Campaign.

Do a search for “surrogacy” and your state. Some states allow for traditional married couples, but go to great pains to prevent homosexual couples from obtaining a surrogate. For instance, Florida allows arrangements, but specifically requires the intended parents be married. Since Florida does not recognize gay marriage, this clause makes surrogate motherhood for a gay couple next-to impossible, without coming right out and saying it directly.

A Surrogate’s Words:

“During my first journey, I matched with the perfect couple from England.

They had been together for a decade and had started to look for a surrogate mother after a battle with cancer.

I lived in Florida at the time, and we matched 100% on all things, except one.

They weren’t married.

Now, this normally wouldn’t have been a big deal, but Florida laws require that the intended parents be married. So, in order to use me as their surrogate, they got married!

Their family was in for a year of surprises, as they got married in December and brought their newborn twins home two months later.”



If your state does not allow arrangements, all hope is not lost. If you are an intended parent, you should be able to find a surrogate mother in another state that does allow it.

This might be more expensive, but may be the only option you have. If you are a surrogate mother, you may be able to deliver the child in a neighboring state that is more surro friendly.

Check the laws for your surrounding states and consult an agency or lawyer to verify this possibility depending on your specific situation.

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