Surrogacy Laws by U.S. State (Map)

Surrogacy laws vary widely across the United States. Some states have clear legal pathways and protections for intended parents and gestational carriers, while others have restrictions—or offer no legal guidance at all.

This interactive map provides an overview of surrogacy-related laws in each state, including key considerations such as parentage rights, pre-birth orders, and LGBTQ protections. You’ll also find information about abortion policy and relevant statutes where applicable.

How to use this map:

To explore surrogacy laws in a particular state, simply hover over the state on the map. A detailed summary will appear with the following information:

  • Whether the state is considered surrogacy-friendly
  • Whether the state has specific surrogacy laws or statutes
  • Availability of pre-birth parentage orders
  • Requirements for genetic links or marital status
  • LGBTQ-related legal considerations
  • Birth certificate labeling for LGBTQ parents
  • Abortion policy and recent legal updates

 

AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY DC

Map legend:

Dark Green – Surrogacy-Friendly with Comprehensive Laws
Light Green – Surrogacy-Friendly or Neutral, May Lack Specific Statutes
Orange – Significant Legal Restrictions or Unclear Legal Framework
Yellow – Legal but with More Complications or Judicial Variability
Red – Surrogacy Prohibited or Extremely Limited

Disclaimer: This map is intended for informational purposes only and should not be interpreted as legal advice. Surrogacy laws are complex and can change over time. Always consult a qualified surrogacy attorney to obtain the most accurate, up-to-date, and state-specific legal guidance for your situation.

Surrogacy Laws by U.S. State (A-Z)

Alabama

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Code of Ala. § 26-10A-12
Code of Ala. § 26-10A-27
Code of Ala. § 26-17-702

Is Pre-Birth Order Available?

Yes, typically

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

Yes

Second Parent Adoption Required for LGBTQ?

Yes

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Banned

Abortion Exemptions

 

Except in cases where “necessary in order to prevent a serious health risk to the unborn child’s mother.”

 

 

Alaska

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Is Pre-Birth Order Available?

Yes, typically

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

No Restriction

 

 

Arizona

Considered Surrogacy-Friendly

Contracts void and unenforceable

Has Specific Laws

Yes

Specific Law or Statute

Arizona Revised Statute § 25-218

Is Pre-Birth Order Available?

Yes, with conditions

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

Yes

Second Parent Adoption Required for LGBTQ?

Yes

LGBTQ Birth Certificate

No

Abortion Policy

15 weeks

 

 

Arkansas

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

Arkansas Code § 9-10-201

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

Yes

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Banned

Abortion Exemptions

Except to “save the life of a pregnant woman in a medical emergency.”

 

 

California

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

Cal. Fam. Code §§ 7960-7962, 7613

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Restricted at viability

Abortion Details

A constitutional amendment states that “the state shall not deny or interfere with an individual’s reproductive freedom in their most intimate decisions.”

 

 

Colorado

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Mother and Mother, Father and Father, Parent and Parent, Mother and Parent

Abortion Policy

No Restriction

 

 

Connecticut

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

Conn. Gen. Stat. § 7-48a

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

Yes

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Restricted at viability

 

 

Delaware

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

Del. Code Ann. tit. 13, § 8-801 through § 8-810

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Restricted at viability

 

 

Florida

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

Fla. Stat. § 742.15

Is Pre-Birth Order Available?

Yes, typically

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

Yes

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

As of May 1, 2024, abortion is banned after six weeks of pregnancy, replacing the previous 15-week ban.

Abortion Details

The six-week ban includes exceptions up to 15 weeks in cases of rape, incest, or human trafficking, provided proper documentation is presented. Exceptions also exist to save the life of the pregnant person or prevent serious physical impairment.

 

 

Georgia

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Is Pre-Birth Order Available?

Yes, typically

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Fetal heartbeat, ~six weeks

 

 

Hawaii

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Is Pre-Birth Order Available?

No

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

Yes

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Restricted at viability

 

 

Idaho

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Is Pre-Birth Order Available?

No

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

Yes

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Mother and Mother, Father and Father, Parent and Parent, Mother and Parent

Abortion Policy

Banned

Abortion Exemptions

Except in cases of rape or incest reported to law enforcement or when the procedure is “necessary to prevent the death of the pregnant woman.”

Abortion Details

The Idaho Supreme Court ruled in 2023 that access to abortion is not a fundamental right in the state constitution.

 

 

Illinois

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

750 ILCS 47/1 – 47/75

Is Pre-Birth Order Available?

Unnecessary

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Co-Parent and Co-Parent

Abortion Policy

Restricted at viability

 

 

Indiana

Considered Surrogacy-Friendly

Contracts void and unenforceable

Has Specific Laws

Yes

Specific Law or Statute

Indiana Code 31-20-1-1

Is Pre-Birth Order Available?

Limited instances

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

Varies

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Banned

Abortion Exemptions

Limited exceptions for rape, incest, the health of the mother and for cases of lethal fetal anomalies.

 

 

Iowa

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

Iowa Code 710.11

Is Pre-Birth Order Available?

Partially

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

Yes

LGBTQ Birth Certificate

Yes [must include both parents’ names on the child’s birth certificate, regardless of gender]

Abortion Policy

22 weeks

Abortion Exemptions

A law that would make abortion illegal after about six weeks has been temporarily blocked.

Abortion Details

In February, the state’s medical board clarified how that law would take effect if the block is lifted.

 

 

Kansas

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Is Pre-Birth Order Available?

Yes, typically

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

Yes, regardless of genetic link

Second Parent Adoption Required for LGBTQ?

Yes

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

22 weeks

Abortion Details

In an August 2022 statewide referendum, Kansans voted to uphold the right to an abortion.

 

 

Kentucky

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Is Pre-Birth Order Available?

Yes, typically

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

Yes

Second Parent Adoption Required for LGBTQ?

Varies

LGBTQ Birth Certificate

Unclear

Abortion Policy

Banned

Abortion Exemptions

Except when necessary “to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.”

 

 

Louisiana

Considered Surrogacy-Friendly

No

Has Specific Laws

Yes

Specific Law or Statute

La. Rev. Stat. Ann. § 9:2713

Is Pre-Birth Order Available?

Limited

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

Yes

Second Parent Adoption Required for LGBTQ?

Yes

LGBTQ Birth Certificate

No

Abortion Policy

Banned

Abortion Exemptions

Except in the case of medical emergency or if the pregnancy is “medically futile.”

 

 

Maine

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

19-A M.R.S. § 951 et seq.

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Restricted at viability

Abortion Exemptions

Except in cases where it is necessary to preserve the life or health of the mother or when a physician believes it is medically necessary.

 

 

Maryland

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

In re Roberto d.B. (2003)

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

No Restriction

Abortion Details

A constitutional amendment that would enshrine the right to an abortion in the state constitution will go before voters in November 2024.

 

 

Massachusetts

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Specific Law or Statute

Hodas v. Morin
Culliton v. Beth Israel Deaconess Med. Ct.
R.R. v. M.H.

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

24 weeks

 

 

Michigan

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

House Bill 5215 (2023)

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Unclear

Abortion Policy

Restricted at viability

Abortion Details

In 2022, voters enshrined the right to an abortion into the state constitution. The state’s “Reproductive Health Act” recently reduced barriers to abortion access.

 

 

Minnesota

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Is Pre-Birth Order Available?

Yes, typically

Genetic Link Required for pre-birth order?

Varies

Marriage Required for non-genetic parents?

Varies

Second Parent Adoption Required for LGBTQ?

Varies

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

No Restriction

Abortion Exemptions

Except if they are performed in a hospital or if a physician says it is necessary for the life or health of the mother.

Abortion Details

As of January 2023, Minnesota law states that “every individual has a fundamental right to make autonomous decisions about the individual’s own reproductive health.”

 

 

Mississippi

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Is Pre-Birth Order Available?

Yes, typically

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

Likely

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Banned

Abortion Exemptions

Except when “necessary for the preservation of the mother’s life or where the pregnancy was caused by rape” that was reported to law enforcement.

 

 

Missouri

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Is Pre-Birth Order Available?

Possible post-birth

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Banned

Abortion Exemptions

Except “in cases of medical emergency.”

 

 

Montana

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Is Pre-Birth Order Available?

Yes, typically

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

15 weeks

Abortion Exemptions

Several laws passed in 2023 face legal challenges and are temporarily blocked.

Abortion Details

Senate Bill 154: The right to privacy protected by the state constitution does not include the right to an abortion.

 

 

Nebraska

Considered Surrogacy-Friendly

No

Has Specific Laws

Yes

Specific Law or Statute

Neb. Rev. Stat. § 25-21, 200

Is Pre-Birth Order Available?

No

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

Yes

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

12 weeks

Abortion Details

The current ban became law in 2023, and remains in effect despite ongoing legal battles.

 

 

Nevada

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

Nev. Rev. Stat. § 126.500-126.810

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

24 weeks

Abortion Details

A bill that would put protections for abortion into the state constitution was advanced by lawmakers in 2023.

 

 

New Hampshire

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

N.H. Rev. Stat. Ann. § 168-B

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

24 weeks

 

 

New Jersey

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

N.J. Stat. Ann. § 9:17-60 et seq.

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

No Restriction

 

 

New Mexico

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

No Restriction

 

 

New York

Considered Surrogacy-Friendly

Significant Restrictions

Has Specific Laws

Yes

Specific Law or Statute

Child Parent Security Act (CPSA)

Is Pre-Birth Order Available?

Yes, typically

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent; Mother and Mother; Father and Father.

Abortion Policy

No Restriction

Abortion Details

Abortion is fully legal in New York with no restrictions. In 2024, voters approved a constitutional amendment that protects reproductive rights, including abortion access, under the state’s Equal Rights Clause.

 

 

North Carolina

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Is Pre-Birth Order Available?

Yes, typically

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

Varies

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

12 weeks

Abortion Exemptions

Except when the life of the pregnant woman is in danger, exceptions for rape or incest through 20 weeks of pregnancy and exceptions for “life-limiting” fetal anomalies through 24 weeks.

Abortion Details

In September 2023, two provisions in the law were blocked from taking effect.

 

 

North Dakota

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

N.D. Cent. Code § 14-18

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Banned

Abortion Exemptions

Except “to terminate a pregnancy that resulted from gross sexual imposition, sexual imposition, sexual abuse of a ward, or incest” or “to prevent the death of the pregnant female.”

 

 

Ohio

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Specific Law or Statute

Relevant case law J.F.v.D.B.,879N.E.2d740 (2007)

Is Pre-Birth Order Available?

Yes, typically

Genetic Link Required for pre-birth order?

Varies

Marriage Required for non-genetic parents?

Varies

Second Parent Adoption Required for LGBTQ?

No, if married

LGBTQ Birth Certificate

Parent/Mother/Father

Abortion Policy

22 weeks

Abortion Exemptions

A law that would ban abortion after about six weeks of pregnancy is blocked by a preliminary injunction.

Abortion Details

Voters enshrined access to abortion into the state constitution in November 2023.

 

 

Oklahoma

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

OK HB2468

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

Yes, unless they are recipients of embryo donation

Second Parent Adoption Required for LGBTQ?

Courts in Oklahoma do not grant second parent adoptions.

LGBTQ Birth Certificate

Father and Mother

Abortion Policy

Banned

Abortion Exemptions

Except when necessary to preserve the life of the woman or if “the pregnancy is the result of rape, sexual assault, or incest that has been reported to law enforcement.”

Abortion Details

The state Supreme Court ruled that the state constitution protects the “inherent right of a pregnant woman to terminate a pregnancy when necessary to preserve her life.”

 

 

Oregon

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

Or. Rev. Stat. §§ 109.239-109.247

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent 1 and Parent 2

Abortion Policy

No Restriction

 

 

Pennsylvania

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Specific Law or Statute

Relevant case law J.F.v.D.B.,897 A.2d1261 (2006)

Is Pre-Birth Order Available?

Varies

Genetic Link Required for pre-birth order?

Varies

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

Varies

LGBTQ Birth Certificate

Mother/Parent and Father/Parent

Abortion Policy

24 weeks

 

 

Rhode Island

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

Uniform Parentage Act

Is Pre-Birth Order Available?

Yes, but one parent must be US resident

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Restricted at viability

 

 

South Carolina

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Specific Law or Statute

Relevant case law Mid-South Ins. Co. v. Doe

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No, if married

LGBTQ Birth Certificate

Mother and Father

Abortion Policy

Fetal heartbeat, ~six weeks

Abortion Exemptions

A “fetal heartbeat” bill bans most abortions at around six weeks of pregnancy.

 

 

South Dakota

Considered Surrogacy-Friendly

Yes

Has Specific Laws

No

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Banned

Abortion Exemptions

Except when “necessary to preserve the life of the pregnant female.”

 

 

Tennessee

Considered Surrogacy-Friendly

Significant Restrictions

Has Specific Laws

No

Specific Law or Statute

Relevant case law Tenn. Code Ann. §36-1-102(50)

Is Pre-Birth Order Available?

Yes, but one parent must be related to the child

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

Yes

LGBTQ Birth Certificate

Father and Father; Mother and Mother.

Abortion Policy

Banned

Abortion Exemptions

Except when “necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function.”

Abortion Details

Doctors are allowed to use “reasonable medical judgment” to determine the medical necessity of an abortion to save the mother’s life.

 

 

Texas

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

Tex. Fam. Code Ann. § 160.751-160.763

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

Varies

LGBTQ Birth Certificate

Parent and Parent OR Father and Father

Abortion Policy

Banned

Abortion Exemptions

A bill clarifying the instances in which life-saving care to save the mother is legal was passed in June 2023.

Abortion Details

The bill also legalized abortions in specific cases such as ectopic pregnancy or when the fetus cannot survive. It took effect in September 2023.

 

 

Utah

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

Utah Code Ann. § 78B-15-801 et seq.

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

Yes

Second Parent Adoption Required for LGBTQ?

No, if married

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

18 weeks

Abortion Details

The state has restricted abortions indirectly through a law that prevents abortion clinics from obtaining or renewing licenses to practice.

 

 

Vermont

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

Vt. Stat. Ann. tit. 15C

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

No Restrictions

Abortion Details

Voters passed Proposal 5 in 2022 via a statewide referendum, which enshrines a right to reproductive freedom in the state’s constitution.

 

 

Virginia

Considered Surrogacy-Friendly

Significant Restrictions

Has Specific Laws

Yes

Specific Law or Statute

Va. Code Ann. § 20-156 et seq.

Is Pre-Birth Order Available?

Court-approved model

Genetic Link Required for pre-birth order?

Yes

Marriage Required for non-genetic parents?

Yes

Second Parent Adoption Required for LGBTQ?

No, if married

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Third trimester

 

 

Washington

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

Wash. Rev. Code § 26.26A.700 et seq.

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Restricted at viability

 

 

West Virginia

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

W.VA Code §61-2-14h(e)(3)

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No, if married

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

Banned

Abortion Exemptions

Exemptions for rape, incest and when medically necessary to save the life of the mother, applicable up to eight weeks for adults and up to 14 weeks for those under 18.

 

 

Wisconsin

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

Paternity of F.T.R., Rosecky v. Schissel, 2013 WI 66, 349 Wis. 2d, 833 N.W.2d 634

Is Pre-Birth Order Available?

Varies

Genetic Link Required for pre-birth order?

Varies

Marriage Required for non-genetic parents?

Varies

Second Parent Adoption Required for LGBTQ?

Varies

LGBTQ Birth Certificate

Parent 1 and Parent 2

Abortion Policy

22 weeks

 

 

Wyoming

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

WY Stat. §35-1-401(xiv)

Is Pre-Birth Order Available?

Yes, but parents must be residents of WY for at least one year

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

Varies

LGBTQ Birth Certificate

Mother/Parent or Father/Parent

Abortion Policy

Restricted at viability

Abortion Exemptions

Except “when necessary to preserve the woman from a serious risk of death or of substantial and irreversible physical impairment of a major bodily function,” or if the pregnancy is the result of incest or rape.

Abortion Details

While the state constitution gives adults the right to “make health care decisions,” the “Life is a Human Right Act” passed in 2023 explicitly states “abortion as defined in this act is not health care.” That determination is being challenged in court.

 

 

Washington D.C.

Considered Surrogacy-Friendly

Yes

Has Specific Laws

Yes

Specific Law or Statute

DC Law 21-0255

Is Pre-Birth Order Available?

Yes

Genetic Link Required for pre-birth order?

No

Marriage Required for non-genetic parents?

No

Second Parent Adoption Required for LGBTQ?

No

LGBTQ Birth Certificate

Parent and Parent

Abortion Policy

No restrictions

Abortion Details

Abortion at any stage of pregnancy is legal – including late-stage and third trimester procedures.  The Council also passed two laws in 2022 that secure D.C. as a safe haven for all people’s reproductive freedom — B24-0808, the Human Rights Sanctuary Amendment Act of 2022 and B24-0726, the Enhancing Reproductive Health Protections Amendment Act of 2022.