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
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 |
|
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 |
|
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. |
