All 50 states, ranked by how much their own law protects you — not the intended parents.
Almost every surrogacy law page online is written for intended parents, and answers their question: can I do this here? That is a different question from yours.
What decides your position is narrower and more practical. Does your state have a statute at all? Roughly half do not. Does anyone have to pay for your attorney? In most states, no. Can a contract term override your medical decisions? In a handful of states such a term is void; almost everywhere else it is simply enforceable. Can you change your mind before transfer without owing damages? Rarely, unless a statute says so.
Sorted by how much the state's own law protects you. Select a state for the full breakdown.
Each state's entry links to its full statute-cited breakdown. “—” means the point is not established in that state's law. Verified against primary state code August 2026 — surrogacy law changes, so confirm current law with your own attorney before signing. See our data sources.
Around half of US states leave all of this to your contract. In those states these four terms are not defaults you can assume — they are things you have to ask for, and they are all things a statute would give you automatically somewhere else:
• Your own attorney, paid by the intended parents. Choose the lawyer yourself rather than accepting an agency referral, and put the fee obligation in writing.
• Sole authority over your medical decisions — explicitly including caesarean consent and the number of embryos transferred.
• A no-penalty exit before embryo transfer, with reimbursement of expenses through the date you withdraw.
• Funded escrow before you begin any medication, held by an independent agent with a written disbursement schedule. This matters most in Arizona, Indiana and Nebraska, where the contract itself is void and escrow is effectively your only enforcement.
Louisiana is the most restrictive: paid surrogacy is a criminal offense there, and its statute voids contracts signed in other states too. Arizona, Indiana and Nebraska make surrogacy contracts void and unenforceable, though being a surrogate is not itself a crime in any of them. Virginia and Wyoming permit surrogacy but do not allow a base fee — only expenses. Beyond those, roughly half of states simply have no surrogacy statute, which is less hostile but leaves you without any statutory protections.
Washington, Vermont, Rhode Island, Massachusetts, Connecticut, Hawaii, Michigan and New York all do four things by statute: require you to have your own attorney, require the intended parents to pay for that attorney, protect your medical decision-making, and let you withdraw before embryo transfer without penalty. Most states do none of these.
Louisiana makes compensated surrogacy a crime, with penalties up to $50,000 and 10 years. Virginia permits surrogacy but voids any provision paying the surrogate a fee, so only expenses are payable. Wyoming authorizes only pregnancy expenses plus lost opportunity. Arizona, Indiana and Nebraska make the contract void and unenforceable, though being a surrogate is not itself illegal in those three.
It means nothing in law sets a minimum age, requires a prior birth, guarantees you an attorney, protects your right to decide on a caesarean, or lets you withdraw before transfer. Roughly half of US states are in this position. Your contract is the only floor beneath you, which makes retaining your own lawyer — not one the agency refers you to — the single most important thing you do.
Usually not. In most states, age limits, BMI caps, prior-birth requirements and screening rules are agency and clinic policy drawn from ASRM practice guidance, not statute. A handful of states do set some by law — Texas requires a prior birth and 90-day residency, Michigan, Illinois, New York and others set a minimum age of 21 — but in states with no statute, every criterion you are given is policy, and some of it is negotiable.
In Arizona, Indiana and Nebraska, yes — voiding the contract is not the same as banning surrogacy, and there is no criminal penalty. The risk is financial rather than legal: if the arrangement breaks down, a court will not enforce your compensation agreement. Funded escrow with a written disbursement schedule is the practical protection. Louisiana is different and genuinely restrictive, because its statute is criminal and reaches contracts signed in other states too.
Your state's law shapes your protections. Your state also shapes your pay — use the calculator for a personalized estimate.
Surrogate Pay Calculator →Full statute-cited breakdown for every state