Surrogacy in Louisiana: What Residents Need to Know

Paid surrogacy is a criminal offense in Louisiana, and out-of-state contracts are void here too. Here is what the law actually requires — and what you can do instead.

Louisiana Surrogacy Laws

Louisiana is the most restrictive surrogacy state in the country, and the restriction is criminal, not merely contractual. Under La. R.S. 14:286 it is unlawful to enter into, induce, arrange, procure, advertise for, or otherwise assist in a gestational carrier contract that does not comply with state law. The penalty is a fine of up to $50,000, imprisonment of up to 10 years with or without hard labor, or both.

Signing with an out-of-state agency does not solve this. La. R.S. 9:2720 provides that a non-compliant gestational carrier contract executed in Louisiana “or any other state” is absolutely null and unenforceable in Louisiana as contrary to public policy.

The only lawful route is narrow and entirely uncompensated. Louisiana permits a gestational carrier contract only where the intended parents are a married couple who each contribute their own gametes (no donor egg or sperm), all parties have been domiciled in Louisiana for at least 180 days, the carrier is 25–35 and has already given birth, both sides have separate attorneys, medical necessity is documented, counseling occurs twice at least 30 days apart, and a court approves the contract before embryo transfer. Only actual expenses may be reimbursed — medical care, travel, counseling through six months postpartum, lost wages during prescribed bed rest and legal fees. No base compensation of any kind. Traditional (genetic) surrogacy is unlawful with or without payment.

Reform was attempted in 2026 and failed. HB 1141, the Louisiana Family Building and Maternal Health Protection Act, would have replaced this framework with enforceable, compensated agreements and licensed agencies. It was referred to House Health and Welfare on April 1, 2026, died in committee without a hearing, and the session adjourned on June 1, 2026. Worth re-checking in the 2027 session.

What this means for you: you cannot work as a paid surrogate while domiciled in Louisiana, and many agencies decline Louisiana residents outright for this reason. Whether a Louisiana resident who contracts and delivers entirely out of state falls outside R.S. 14:286 has never been tested in court — do not treat that as a safe workaround. Speak to a Louisiana reproductive attorney before taking any step. Egg donation is a separate matter and is available to you.

Source: La. R.S. 9:2718–2720.15 and R.S. 14:286.

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Egg Donation Is Available in Louisiana

Egg donation is fully legal in Louisiana. First-time egg donors earn $7,000–$12,000, plus travel and expense reimbursement.

Learn About Egg Donation in Louisiana →
Nearby Options

Surrogacy in Nearby States

Many Louisiana residents pursue surrogacy in neighboring states with clear legal frameworks

Illinois
$57,000–$83,000
Colorado
$57,000–$83,000
Nevada
$57,000–$83,000
California
$67,000–$98,000
Washington
$57,000–$83,000
Oregon
$57,000–$83,000

Also exploring egg donation in Louisiana?

See Egg Donor Pay in Louisiana →
FAQ

Surrogate FAQ: Louisiana

Is surrogacy legal in Louisiana?

Not for compensation. Louisiana Revised Statute 14:286 makes it unlawful to enter into, induce, arrange, procure or assist a gestational carrier contract that does not comply with state law, punishable by up to $50,000 and up to 10 years. The only lawful route is entirely uncompensated and tightly restricted.

Can I get around Louisiana's law by signing with an out-of-state agency?

No. Louisiana Revised Statute 9:2720 provides that a non-compliant gestational carrier contract executed in Louisiana or any other state is absolutely null and unenforceable in Louisiana as contrary to public policy. Whether a Louisiana resident who contracts and delivers entirely out of state falls outside the criminal statute has never been tested in court, so it should not be treated as a safe workaround.

Who can use Louisiana's lawful surrogacy route?

Only a married couple who each contribute their own gametes, with no donor egg or sperm, where all parties have been domiciled in Louisiana for at least 180 days, the carrier is 25 to 35 and has already given birth, both sides have separate attorneys, medical necessity is documented, and a court approves the contract before embryo transfer. Only actual expenses may be reimbursed.

Can I be an egg donor in Louisiana?

Yes. Egg donation is legal in Louisiana and is not affected by the state's surrogacy restrictions. First-time egg donors in Louisiana typically earn $7,000 to $12,000.

Surrogate pay by city in Louisiana

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