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Surrogacy Friendly States: What are the top 5?

Updated: Mar 29

USA Surrogacy laws vary from state to state and are ever changing; therefore, it can be a tad bit confusing for those seeking the pathway of surrogacy.


Although there are many factors that can impact whether a state is surrogacy friendly or not, the below are the top 4:

  • Marital status of the intended parent(s)

  • Marital status of the surrogate

  • Utilizing an: egg/sperm/gamete donor

  • Sexual orientation (LGBTQIA+ community)

Due to the complexities of surrogacy laws from state to state, it is highly imperative to consult with a Fertility Lawyer (ASRM & ART Lawyer). Fertility Lawyers are experts in reproductive technology and family formation law and it is through their specialized knowledge that Fertility Lawyers are able to help navigate the process to prevent any future legal drawbacks.

Top 5 Surrogacy Friendly States?

  • California

  • Nevada

  • Colorado

  • Oregon

  • Washington


Hiring an attorney that specializes in reproductive law is essential as they are the best person to advise you on the most up to date US surrogacy laws by state. Shorebreak Law is proud to work with surrogates all over USA!


Christina Tran

Surrogacy Professional

B.S. Leadership, Human Resources Management

Juris Doctor Candidate, Fertility Law


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