Which states are not surrogate friendly?

Asked by: Brett Von  |  Last update: March 21, 2026
Score: 4.3/5 (47 votes)

Nebraska and Louisiana are generally considered the least surrogacy-friendly states, as they prohibit or severely restrict compensated surrogacy, making contracts unenforceable; other states like Arizona, Indiana, and Kentucky also present significant legal challenges, although Michigan has recently become more supportive.

What states do not allow surrogacy?

Most states in the U.S. are surrogacy-friendly, offering a clear and supportive path for both surrogates and intended parents. The only exceptions are Nebraska and Louisiana, where compensated surrogacy is not allowed.

What state is most surrogacy-friendly?

California, Nevada, Illinois, Connecticut, and New Hampshire are consistently ranked as the best states for surrogacy due to clear, supportive laws, enforceable contracts, easy pre-birth parentage orders, and inclusive policies for all parents, offering legal security and a smoother process compared to less-friendly states that might require costly adoptions after birth, according to sources like Hatch Fertility and Physician's Surrogacy.
 

Is Florida a surrogate friendly state?

Florida's surrogacy-friendly laws make it one of the most popular states for surrogacy arrangements. Florida Statute §63.213 protects the rights of the surrogate, the Intended Parents, the baby, and the egg donor. Contracts for gestational surrogacy arrangements are recognized along with egg and sperm donations.

Is Arizona a surrogate friendly state?

Arizona Surrogacy Laws

Arizona surrogacy contracts are prohibited by statute. Arizona Revised Statute § 25-218 states that no person may enter into or assist in creating a surrogacy contract. Although the contracts are unenforceable, Gestational Surrogacy continues to be practiced in Arizona.

2023's Most Surrogacy-Friendly States in the US - A Guide for Intended Parents

24 related questions found

Do surrogates get paid if they miscarry?

Yes, surrogates typically get paid for work completed (like screenings, medications, embryo transfer) and receive pro-rated base pay up to the point of miscarriage, as compensation covers their time, effort, and expenses, not just delivery, but the total amount depends on the specific surrogacy contract. Most agreements pay for milestones achieved and don't require repayment of earned funds, with future payments halting unless another attempt is planned. 

Did Arizona block the abortion ban?

Today's order by the Maricopa County Superior Court judge permanently blocks the ban. After nearly a half century of legal pre-viability abortion in Arizona, in March 2022 the state legislature passed S.B.

How much did Kim Kardashian pay her surrogates?

Kim Kardashian and Kanye West reportedly paid their surrogate around $113,000 total for their third child, Chicago West, which included a $68,850 deposit to the agency and $4,500 monthly payments for 10 months, plus bonuses for multiples, according to 2017 reports. For their fourth child, Psalm West, they used a different surrogate and paid a reported $45,000 fee plus expenses, with sources suggesting a total cost over $100,000 for the arrangement. 

What states are best for surrogacy?

These states have the strongest protections for intended parents and surrogates:

  • California (Best Overall) Gold standard for surrogacy law. ...
  • Illinois. Gestational Surrogacy Act provides clear, detailed law. ...
  • New Jersey. Fully legalized gestational surrogacy. ...
  • Nevada. ...
  • Connecticut. ...
  • Washington.

Is it cheaper to do IVF or surrogate?

IVF is significantly cheaper than surrogacy, as surrogacy includes IVF costs plus extensive additional expenses like surrogate compensation, agency fees, and legal work, often totaling $100,000-$200,000, while a single IVF cycle might cost $12,000-$30,000 (or more with multiple cycles) without these added layers. The main difference is that surrogacy involves paying a third party for their time, medical care, and expenses, making it far more complex and costly. 

What state pays the most for surrogacy?

Surrogacy Pay by State — Where Surrogates Earn the Most in 2026

  • Best For: Women ages 21–39 exploring surrogacy.
  • Key Comparison: Pay ranges, protections, cost-of-living factors.
  • Highest-Paying States: California, New York, New Jersey, Illinois.
  • Typical Total Compensation: $45,000–$87,000+

Is Alabama surrogacy-friendly?

There are no state regulations in Alabama that prohibit or govern surrogacy or surrogacy contracts/agreements. Therefore, surrogacy professionals, such as Alabama licensed attorneys, have developed a process that protects all parties involved in states where surrogacy is legal but not strictly regulated by statutes.

Is the baby biologically yours if you use a surrogate?

Yes, a surrogate baby can be biologically yours if your eggs (and partner's sperm) are used, as the baby only inherits DNA from the egg and sperm providers, not the surrogate in gestational surrogacy, which is the most common type. In this process, the surrogate provides the womb for development, but has no genetic link to the child; however, her health and lifestyle can influence development through epigenetics. 

In what countries is surrogacy banned?

Many countries, including the U.K., Canada, New Zealand, Australia, and Brazil prohibit commercial surrogacy, and other countries, including France, Germany, Italy, and Spain prohibit both commercial and altruistic surrogacy.

Can you be denied surrogacy?

Surrogates must have healthy habits, a history of temperance or non-use, and, most importantly, a demonstrated ability to abstain during their previous pregnancies. This ensures the safest environment for the baby from the very beginning. Certain medical conditions, such as HIV or untreated STIs, are disqualifiers.

What rights do surrogate mothers have?

If you're using gestational surrogacy to grow your family in a U.S. state with surrogacy-friendly laws, you'll have full parental rights to the baby. Once you've established legal parenthood, your gestational surrogate has no legal rights to your child, and she can't claim to be the mother.

What states don't support surrogacy?

Are Surrogates Legal in Every State? Most states are surrogacy-friendly, with the exception of two states where compensated surrogacy is not considered legal: Nebraska and Louisiana.

What's the average pay for a surrogate mother?

Surrogate mothers in the U.S. typically earn a total compensation package of $55,000 to over $90,000, with first-timers starting around $45,000-$60,000 base pay, while experienced surrogates earn more, and additional payments cover expenses like lost wages, maternity clothes, and multiples, varying by location, agency, and experience. 

What is the safest state to have a baby?

Vermont. With the lowest maternal and infant mortality rates in the nation, Vermont is the best state in the U.S. to have a baby. Vermont has the lowest infant mortality rate (3.33 deaths per 1,000 live births). The state also has the lowest maternal mortality rate (4.69 deaths per 100,000 live births).

What disqualifies you from being a surrogate?

Current health status: Surrogates should be in good general health without conditions that could complicate pregnancy. Chronic conditions like diabetes, hypertension, or autoimmune disorders often require special consideration or may disqualify candidates depending on severity and management.

How much do the Kardashians pay their nannies?

Kim Kardashian's nannies earn around $100,000 or more annually, with a large team of about 10 full-time staff handling 24/7 care, meals, travel, and schedules for her children, though some critics find the pay low compared to other Hollywood nannies who can make $250,000+ for similar demanding roles. 

Are Kim's children biologically hers?

As you know, Kim and Kanye West have four children. Kim gave birth to two kids via natural pregnancy. Surrogate mothers carried the other two of their kids. Saint West was conceived using IVF, and after him, Kim still had two frozen embryos.

What states fully banned abortion?

The Majority of States Have At Least One Restriction on Health Insurance Coverage for Abortion Services. Note: As of January 8, 2025, 12 states have banned abortion (Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia).

Can I still abort at 20 weeks?

Yes, abortions are available at 20 weeks gestation, typically through a surgical procedure called Dilation and Evacuation (D&E), though availability and specific procedures (sometimes requiring two days or sedation) vary by provider and location, with some clinics pausing late-term abortions due to facility/staffing issues, and state laws imposing restrictions after certain weeks. 

How many weeks pregnant can you get an abortion in AZ?

Arizonans have a constitutional right to access abortion care until the point in pregnancy when it is significantly likely the fetus could survive outside the uterus (also called “fetal viability”). This point is usually between 22-25 weeks of pregnancy, but depends on the health of the mother and the fetus.