Intended Parents

State-by-State Surrogacy Contract Requirements


Your surrogacy contract is the legal anchor of your entire journey, ensuring that your parental rights are secure and your family is protected from day one.

By following the specific state surrogacy requirements in your area, you create a clear, enforceable framework that allows you to focus on the arrival of your child rather than legal uncertainty.

Before you take the next step, contact a surrogacy specialist to ensure you are starting your journey with the right legal and professional support.

This guide breaks down the essential legal standards for every state and connects you with an experienced state surrogacy lawyer to make the process as straightforward as possible.

What Do Most Surrogacy Contracts Require?

Before we look at the specific rules for each state, you should understand the basic standards that almost every valid contract must meet.

While state laws vary, a surrogacy contract is a binding agreement that details the medical, financial, and legal responsibilities of everyone involved.

For a contract to be enforceable and subject to judicial approval, it typically must include:

Surrogacy Contract Requirements by State

Each state follows its own legal standards for what makes a surrogacy contract valid.

Because there is no federal law, these agreements are governed by state-specific statutes, often modeled after the Uniform Parentage Act, or established case law.

Use the list below to find the specific state surrogacy requirements for your location.

Alabama Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Ala. Code § 26-17-801.
  • Contract Requirements: Contracts are generally recognized by the courts if they follow clear standards of intent. Both parties must have independent legal counsel.

Alabama Surrogacy Lawyer

Alaska Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Common law.
  • Contract Requirements: Alaska has no specific statute, so agreements are dependent upon the specific terms of the signed contract and established judicial practice.

Alaska Surrogacy Lawyer

Arizona Surrogacy Contract Requirements

  • Enforceability: Enforceable via case law.
  • Key Legal Authority: A.R.S. § 25-218 and Soos v. Superior Court.
  • Contract Requirements: While the statute technically prohibits surrogacy, case law allows you to obtain a parentage order if at least one parent is genetically related.

Arizona Surrogacy Lawyer

  • Foster + Bloom (Tucson): An Arizona native, attorney Heather Strickland has been practicing adoption, assisted reproduction and family law for over 20 years.
  • Lincoln & Wenk, PLLC (Phoenix, Goodyear): Specializes in the complexities of ART law, whether you are seeking to grow your family or assist others in becoming parents.

Arkansas Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Ark. Code Ann. § 9-10-201.
  • Contract Requirements: Arkansas is highly favorable; the contract allows for direct issuance of birth certificates naming the intended parents.

Arkansas Surrogacy Lawyer

  • Foster + Bloom: Joanna Beck Wilkinson is a founding member of Foster + Bloom, is licensed to practice as an Arkansas surrogacy lawyer and a member of the American Bar Association’s Family Law Section on assisted reproductive technology
  • Tripcony May (Little Rock): Provides comprehensive legal services for gestational surrogacy with extensive experience.

California Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: California Family Code § 7960 et seq.
  • Contract Requirements: The contract must be notarized and signed by all parties before any medical procedures or medications begin.

California Surrogacy Lawyer

  • Foster + Bloom (Ventura/San Diego): Founding members Michelle Evans and Tifany Markee both serve different areas of California. Evans has been practicing law for more than 17 years and practices reproductive law, including egg and sperm donation, surrogacy and intended parents’ rights in Ventura. Markee, based in San Diego, works in international surrogacy, with a focus on the acquisition of U.S. citizenship for babies born through assisted reproductive technology and on immigration and visa matters for foreign intended parents.
  • International Fertility Law Group (Los Angeles): A veteran California surrogacy lawyer firm serving domestic and international families.
  • Falletta & Klein (San Diego): A premier firm for parentage orders and surrogacy contract negotiations.

Colorado Surrogacy Contract Requirements

Colorado Surrogacy Lawyer

  • Foster + Bloom: Founding member Tifany Markee handles international surrogacy, specializing in U.S. citizenship for babies born through assisted reproductive technology.
  • Hall & Evans LLC (Denver): Provides legal counsel for surrogacy and reproductive donation.

Connecticut Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Sec. 46b-523.
  • Contract Requirements: Favorable laws allow for pre-birth orders regardless of genetic connection to the child.

Connecticut Surrogacy Lawyer

Delaware Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Del. Code Ann. tit. 13, § 8-801.
  • Contract Requirements: Delaware offers a clear administrative path for parentage if the contract is signed before transfer.

Delaware Surrogacy Lawyer

District of Columbia Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: D.C. Code § 16–401.
  • Contract Requirements: Requires either you or the surrogate to be a resident or for the birth to happen in D.C.

District of Columbia Surrogacy Lawyer

  • Foster + Bloom: Founding member Catelyn Slattery focuses exclusively on family formation through assisted reproductive technology

Florida Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Fla. Stat. § 742.15.
  • Contract Requirements: Intended parents must be married. The surrogate has sole authority over her healthcare decisions.

Florida Surrogacy Lawyer

  • Foster + Bloom (Naples/Deerfield Beach): Founding members Barbara Ginn and Nicole Skellinger both serve different parts of Florida. In 2022, Ginn expanded her practice to include assisted reproductive technology law. Skellinger has more than 15 years of experience in family formation law and is recognized nationally as an expert in Hague compliance
  • Tate | Healey | Webster (Tampa):  Provides experienced legal guidance for gestational surrogacy agreements across Florida.

Georgia Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Common law.
  • Contract Requirements: While no statute exists, courts are highly supportive of written agreements that follow professional standards.

Georgia Surrogacy Lawyer

Hawaii Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Common law.
  • Contract Requirements: Hawaii’s updated laws provide a clear statutory path for gestational agreements and parentage.

Hawaii Surrogacy Lawyer

  • Schlack Ito (Honolulu):Attorney Carol Lockwood is among the most experienced practitioners of assisted reproductive technology (“ART”) law statewide.
  • Fertility Connections (Honolulu):Hawaii’s only full service law firm offering legal services for all aspects of assisted reproductive technology (ART) law.

Idaho Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: ID Code § 7-1605.
  • Contract Requirements: Idaho courts regularly validate gestational agreements before the birth.

Idaho Surrogacy Lawyer

Illinois Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: 750 ILCS 47.
  • Contract Requirements: One of the most favorable states. Allows for parentage without a court hearing if the contract meets all statutory criteria.

Illinois Surrogacy Lawyer

  • Foster + Bloom: Founding members Nicole Skellenger and Joanna Beck Wilkinson are licensed to practice in Illinois. Skellinger has more than 15 years of experience in family formation law and Beck Wilkinson is a member of the American Bar Association’s Family Law Section on assisted reproductive technology.
  • Law Office of Denise Patton (Chicago): An experienced Illinois surrogacy lawyer specializing in the Gestational Surrogacy Act.

Indiana Surrogacy Contract Requirements

  • Enforceability: Limited/Case Law.
  • Key Legal Authority: Ind. Code § 31-20-1-1.
  • Contract Requirements: Statute says contracts are void, but courts allow biological parents to obtain parentage orders through specific litigation.

Indiana Surrogacy Lawyer

Iowa Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Iowa Code § 710.11 and P.M. v. T.B..
  • Contract Requirements: Iowa law specifically exempts surrogacy from certain criminal penalties, allowing for compensated agreements.

Iowa Surrogacy Lawyer

Kansas Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Common law.
  • Contract Requirements: Courts are very friendly to intended parents; agreements are subject to judicial approval of pre-birth orders.

Kansas Surrogacy Lawyer

Kentucky Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Common law.
  • Contract Requirements: No statute prohibits surrogacy. Contracts are generally recognized by local judges.

Kentucky Surrogacy Lawyer

Louisiana Surrogacy Contract Requirements

  • Enforceability: Illegal.
  • Key Legal Authority: La. Rev. Stat. Ann. § 9:2718.
  • Contract Requirements: Most surrogacy is prohibited; very narrow exceptions exist only for married heterosexual couples using their own genetic material.

Louisiana Surrogacy Lawyer

Maine Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: 19-A M.R.S. § 1931.
  • Contract Requirements: Maine’s law is highly inclusive, allowing for pre-birth orders for all types of intended parents.

Maine Surrogacy Lawyer

Maryland Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: re Roberto d.B.
  • Contract Requirements: Written agreements are recognized by courts, which routinely issue pre-birth parentage orders.

Maryland Surrogacy Lawyer

Massachusetts Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: MGL c. 209C, §§ 28B and Hodas v. Morin.
  • Contract Requirements: Based on strong case law, courts support the intent of the parties to establish parentage.

Massachusetts Surrogacy Lawyer

Michigan Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: MCL – Section 722.1903
  • Contract Requirements: Michigan recently legalized compensated surrogacy, providing a modern statutory path for families.

Michigan Surrogacy Lawyer

Minnesota Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Common law.
  • Contract Requirements: Courts are favorable, though you must carefully draft contracts to meet judicial expectations without a statute.

Minnesota Surrogacy Lawyer

Mississippi Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Common law.
  • Contract Requirements: Handled through established court practice; pre-birth orders are generally available.

Mississippi Surrogacy Lawyer

Missouri Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Common law.
  • Contract Requirements: Missouri courts are supportive of intended parents, granting parentage orders across the state.

Missouri Surrogacy Lawyer

Montana Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Common law.
  • Contract Requirements: No specific statute, but surrogacy is widely practiced and supported by judicial orders.

Montana Surrogacy Lawyer

Nebraska Surrogacy Contract Requirements

  • Enforceability: Limited.
  • Key Legal Authority: Neb. Rev. Stat. § 25-21,200.
  • Contract Requirements: Compensated contracts are void, though parentage can still be established for biological parents in certain cases.

Nebraska Surrogacy Lawyer

Nevada Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: NRS Chapter 126.710
  • Contract Requirements: Nevada is exceptionally friendly to intended parents of all backgrounds with a clear statutory path.

Nevada Surrogacy Lawyer

New Hampshire Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: NH Rev Stat § 168-B:11.
  • Contract Requirements: Requires strict adherence to medical and mental health screening protocols defined by law.

New Hampshire Surrogacy Lawyer

New Jersey Surrogacy Contract Requirements

New Jersey Surrogacy Lawyer

  • Foster + Bloom:Senior partner Elizabeth (Liz) Vaysman is a family law attorney with over a decade of experience helping clients navigate the complexities of assisted reproduction.
  • Melissa B. Brisman, Esq. (Montvale):Brisman has dedicated her career to helping couples and individuals fulfill their dreams of parenthood

New Mexico Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: N.M. Stat. Ann. § 40-11A-801.
  • Contract Requirements: New Mexico’s UPA-based laws allow for straightforward parentage establishment.

New Mexico Surrogacy Lawyer

New York Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: FCT Chapter 686, 5-C, Pt. 4
  • Contract Requirements: Includes a “Surrogate’s Bill of Rights” and requires you to provide health and life insurance for your surrogate.

New York Surrogacy Lawyer

  • Foster + Bloom:Senior partner Elizabeth (Liz) Vaysman is a family law attorney with over a decade of experience helping clients navigate the complexities of assisted reproduction.
  • Rumbold & Seidelman (Hartsdale): Rumbold & Seidelman were part of a small group of lawyers and other professionals who played a leading role in drafting, revising, and lobbying for passage of New York’s Child-Parent Security Act (CPSA).
  • Virginia Frank (New York): Frank has experience helping Intended Parents and Surrogates navigate the surrogacy process from start to finish.

North Carolina Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Common law.
  • Contract Requirements: While no statute exists, courts are highly supportive of pre-birth orders for intended parents.

North Carolina Surrogacy Lawyer

North Dakota Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: N.D. Cent. Code § 14-18-08.
  • Contract Requirements: Statute defines legal parentage based on the written surrogacy agreement.

North Dakota Surrogacy Lawyer

Ohio Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Belsito v. Clark.
  • Contract Requirements: Established case law provides a clear path for pre-birth orders in most counties.

Ohio Surrogacy Lawyer

  • Foster + Bloom: Barbara Ginn is a founding member of Foster + Bloom and a specialized Ohio surrogacy lawyer. In 2022, she expanded her practice to include assisted reproductive technology law.
  • Ellen S. Essig (Cincinnati): Specializes in assisted reproductive technology.

Oklahoma Surrogate Contract Requirements

Oklahoma Surrogacy Lawyer

Oregon Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: ORS 109.226.
  • Contract Requirements: Oregon is one of the most friendly and established states for surrogacy of all kinds.

Oregon Surrogacy Lawyer

Pennsylvania Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: J.F. v. D.B..
  • Contract Requirements: Case law supports enforceability, and pre-birth orders are standard practice across the state.

Pennsylvania Surrogacy Lawyer

Rhode Island Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: RI Uniform Parentage Act.
  • Contract Requirements: The statute provides clear paths for intended parents to be recognized legally from birth.

Rhode Island Surrogacy Lawyer

South Carolina Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Mid-South Ins. Co. v. Doe.
  • Contract Requirements: While no statute exists, case law supports the validity of gestational agreements.

South Carolina Surrogacy Lawyer

South Dakota Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Common law.
  • Contract Requirements: Surrogacy is widely practiced and supported through court-ordered parentage.

South Dakota Surrogacy Lawyer

Tennessee Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Tenn. Code Ann. § 36-1-102(52)
  • Contract Requirements: Statute defines surrogacy; pre-birth orders are typically granted to biological parents.

Tennessee Surrogacy Lawyer

Texas Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Texas Family Code Chapter 160.754
  • Contract Requirements: Requires intended parents to be married and for the contract to be validated by a court 14 days before embryo transfer.

Texas Surrogacy Lawyer

Utah Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Utah Code § 78B-15-801.
  • Contract Requirements: Requires a court order validating the agreement before the pregnancy begins.

Utah Surrogacy Lawyer

  • Anderson | Hinkins (Jordan):An experienced Utah surrogacy lawyer firm representing both intended parents and surrogates in surrogacy matters.
  • Third Party Reproduction Law: Over a decade of practice exclusively in fertility law, providing Gestational Carrier Agreements within three business days of receiving information and medical clearance of your Gestational Carrier..

Vermont Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Vermont Parentage Act.
  • Contract Requirements: Statutory paths exist for pre-birth orders regardless of genetics.

Vermont Surrogacy Lawyer

Virginia Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Va. Code § 20-156 et seq.
  • Contract Requirements: Offers a non-judicial administrative path or a judicial pre-approval path for parentage.

Virginia Surrogacy Lawyer

Washington Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: RCW 26.26A.700 – 26.26A.785
  • Contract Requirements: Highly inclusive statutes allow for compensated surrogacy and clear pre-birth orders.

Washington Surrogacy Lawyer

West Virginia Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: W.VA Code 61-2-14h(e)(3)
  • Contract Requirements: Statute explicitly authorizes gestational surrogacy for all types of intended parents.

West Virginia Surrogacy Lawyer

  • Saluja Law (Charleston):Provides legal representation for gestational agreements.
  • Vivian H. Basdekis (Charleston):A Partner with FTB Gibbons, Basdekis also practices surrogacy law, representing intended parents and gestational carriers in the negotiation and drafting of gestational surrogacy agreements.

Wisconsin Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Rosecky v. Schissel.
  • Contract Requirements: Case law supports the validity of these agreements, and pre-birth orders are standard.

Wisconsin Surrogacy Lawyer

Wyoming Surrogacy Contract Requirements

  • Enforceability: Enforceable.
  • Key Legal Authority: Common law.
  • Contract Requirements: Surrogacy is practiced via judicial parentage orders based on valid contracts.

Wyoming Surrogacy Lawyer

Secure Your Future with State-Specific Legal Expertise

Understanding the specific state surrogacy requirements in your area is the best way to ensure your parental rights are secure.

By partnering with an experienced state surrogacy lawyer and a reputable agency, you can navigate the legal process with confidence.

We are here to simplify the legalities so you can focus on preparing for your child’s arrival.

Click here to match with an attorney who specializes in the laws of your state and begin your family-building journey today.


Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Surrogacy contracts are subject to judicial approval and state-specific laws. Always consult with a licensed attorney before signing a legal agreement.

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