what states is surrogacy illegal

Author mehdisabet

Reading time 6 min

Published at 16 February 2025

Surrogacy is a popular option for individuals and couples unable to conceive naturally. However, a common question remains: “what states is surrogacy illegal?” The answer varies across the United States, as surrogacy laws differ significantly from surrogacy laws by state. While many states have embraced surrogacy with supportive legal frameworks, others maintain strict restrictions or outright bans. This article examines where surrogacy is illegal or restricted in the U.S. as of March 2025, the reasons behind these laws, and the implications for intended parents.

what states is surrogacy illegal?

In the United States, surrogacy is not regulated at the federal level. Instead, each state establishes its own laws, leading to a patchwork of regulations. Some states fully support surrogacy, enforcing contracts and protecting all parties involved, while others prohibit or limit the practice. Restrictions can include invalidating surrogacy agreements, criminalizing paid surrogacy, or refusing to recognize parental rights for children born through surrogacy.

It’s also key to distinguish between gestational surrogacy (where the surrogate has no genetic link to the child) and traditional surrogacy (where the surrogate is the biological mother). Gestational surrogacy is more widely accepted, while traditional surrogacy often faces greater legal scrutiny.

Surrogacy Illegality in the United States (March 2025)

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States Where Surrogacy is Illegal or Restricted

The following states have strict laws prohibiting or severely restricting surrogacy as of March 27, 2025:

Illegal or Heavily Restricted

Surrogacy Permitted

Which States Have Banned or Restricted Surrogacy?

As of March 27, 2025, the legal landscape for surrogacy in the U.S. continues to evolve. Below is an updated breakdown of states where surrogacy is either illegal or heavily restricted:

1- Michigan

- Current Status (March 2025): Surrogacy remains illegal under the Michigan Surrogate Parenting Act, with penalties including fines up to $50,000 and imprisonment. However, this is set to change soon.
- Update: Michigan’s new Assisted Reproduction and Surrogacy Parentage Act, signed into law in April 2024, will legalize surrogacy starting April 1, 2025. After this date, surrogacy agreements will be enforceable, offering legal protections for intended parents and surrogates. Until then, Michigan is the only state where surrogacy is fully prohibited.

2- Louisiana

Current Status: Commercial surrogacy is illegal. Only altruistic surrogacy is permitted, and it’s restricted to married heterosexual couples using their own gametes (sperm and egg). Strict conditions apply, such as medical necessity and court approval.
Update: No legislative changes have occurred as of March 2025. Louisiana remains one of the most restrictive states for surrogacy.

Read More: is surrogacy legal in louisiana?

3. Nebraska

Current Status: Surrogacy contracts are unenforceable in court, meaning they lack legal standing. However, the biological father retains rights and obligations if his sperm is used.
Update: No changes have been reported in 2025. Nebraska’s laws create significant uncertainty for intended parents, though surrogacy isn’t outright banned.

4. Indiana

Current Status: Surrogacy contracts are generally unenforceable and treated with skepticism by courts. However, gestational surrogacy occurs in practice, and some courts issue pre-birth orders to establish parentage.
Update: As of March 2025, no new laws have clarified Indiana’s stance, leaving it in a restrictive gray area.

5- Arizona

Current Status: Surrogacy contracts are deemed unenforceable under state law, though gestational surrogacy can sometimes proceed with pre-birth orders. Traditional surrogacy remains legally complex.
Update: No significant changes have been noted since 2021, keeping Arizona among states with restrictions.

Read More: Is Surrogacy Legal in Arizona?

States That Have Fully Legalized Surrogacy

In contrast, several states have established clear, supportive frameworks for surrogacy:

New York: Once a state with strict bans, New York legalized gestational surrogacy in February 2021 under the Child-Parent Security Act. This law provides robust protections and guidelines for all parties.
Massachusetts: The Massachusetts Parentage Act, effective January 1, 2025, fully legalizes surrogacy, offering clarity and legal safeguards statewide.
California, Illinois, and Others: These states have long been surrogacy-friendly, enforcing contracts and streamlining parentage processes.

Why Have Some States Banned Surrogacy?

States that ban or limit surrogacy often cite the following reasons:

Ethical and Religious Concerns: Critics argue that surrogacy, especially when paid, exploits women or commodifies children.
Legal Complexity: Disputes over parental rights—particularly if a surrogate changes her mind—can complicate legal proceedings.
Lack of Protections: In restrictive states, the absence of enforceable contracts leaves intended parents, surrogates, and children vulnerable to legal disputes.

Legal Consequences for Intended Parents in Prohibited States

In states where surrogacy is illegal or restricted, intended parents face significant challenges:

Contract Invalidation: In places like Nebraska and Indiana, surrogacy agreements hold no legal weight, increasing the risk of disputes.
Criminal Penalties: In Michigan (until April 1, 2025), engaging in paid surrogacy can lead to fines and jail time.
Birth Certificate Issues: Establishing parentage can be difficult, often requiring additional legal steps like adoption in restrictive states.

Conclusion

As of March 27, 2025, Michigan stands alone as the only U.S. state where surrogacy is fully illegal—but only until April 1, 2025, when its new law takes effect. States like Louisiana, Nebraska, Indiana, and Arizona impose significant restrictions, though they stop short of outright bans. Meanwhile, progressive changes in states like New York (since 2021) and Massachusetts (since January 2025) reflect a growing acceptance of surrogacy nationwide.

For those considering surrogacy, consulting a reproductive law expert is essential to navigate this complex and evolving landscape. In restrictive states, intended parents may find better options by pursuing surrogacy in more permissive jurisdictions.

Frequently Asked Questions (FAQ) About Surrogacy Laws in the U.S.

Is surrogacy legal in all 50 states?

No, laws vary widely. Michigan bans it until April 2025, while states like Louisiana and Nebraska impose heavy restrictions. Many states, however, fully support surrogacy.

Can same-sex couples pursue surrogacy in all states?

Not universally. States like California, New York, and Illinois offer strong protections for LGBTQ+ intended parents, but restrictive states may pose challenges.

How do intended parents establish legal parentage after surrogacy?

In surrogacy-friendly states, pre-birth or post-birth orders establish parentage. In restrictive states, additional steps like adoption may be needed.