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Without a federal law, surrogacy in the U.S. is governed by a patchwork of state regulations/
Why it matters: Confusing, varied local rules can determine everything from whether agreements are legally binding to who is recognized as a parent at birth.
By the numbers: As of 2026, surrogacy agreements are enforceable in 31 states (with some limitations), void in one, and unregulated in 17, Surrogacy360 tells Axios.
Major differences between state laws include:
- How a surrogate must be compensated (if not considered "altruistic").
- Who becomes the legal parents of a child born via surrogate.
- And whether genetic surrogacy (when the surrogate uses her own egg) is even allowed.
Between the lines: Some state regulations have barriers for intended parents who are single, unmarried, not a heterosexual couple and/or not genetically related to the child.
- And, often, surrogacy agreements happen across state lines, so multiple state laws might need to be considered.
What they're saying: A growing number of lawyers "have begun to specialize in advising either intended parents or being the separate counsel for a surrogate," says Ming Wong...