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Surrogacy Laws by State

Surrogacy laws in the United States vary greatly from one state to another. While some states are considered “surrogacy-friendly,” others may impose restrictions or not recognise agreements at all. Understanding these differences is essential for intended parents before beginning the process.

Parentage – Certain states allow pre-birth parentage orders, giving intended parents legal recognition before the child is born. Others require post-birth procedures.

Contracts – Legally binding surrogacy contracts are enforceable in many states, ensuring clarity and protection for both intended parents and surrogates. In states without such recognition, the process can be more complex.

Safe States – States like California, Illinois, and Connecticut are widely considered surrogacy-friendly, offering legal protection for a variety of family structures, including single parents and LGBTQ+ families.

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