United States Surrogacy Law Map

This map represents a continuum from the states which have laws most favorable towards surrogacy through those which are the least supportive. By clicking on the two buttons below, you may also view this map in the context of which states allow pre-birth orders vs. post birth orders. For your background, an informative overview around each color category as well as definitions around the difference between pre-birth orders and post-birth orders are all included below this map.

Surrogacy Friendly vs. Prohibitive States Pre-Birth Order vs. Post-Birth Order

Select the state to read more details

Pre-birth order

A pre-birth order declares the intended parents as legal parents of the child, before the child is born. With a pre-birth order, the hospital is required to write the names of the intended parents on the child’s birth certificate.

Post-birth order

A post-birth order is issued the same day as the post-birth hearing, after the baby is born. It establishes the intended parents as legal parents of the child and orders that they’re placed on the birth certificate.

Very favorable to surrogacy

Surrogacy is permitted for all parents
Pre-birth orders are granted throughout the state
Both parents are named on the birth certificate