Best and worst states for Surrogacy

Wondering what are the best states for surrogacy? Wondering what are the worst states for surrogacy? Don’t worry--we are here to help!

But first, let’s talk about what makes a state surrogacy friendly.  Here’s what we are looking for:

  • The state offers easy access to top-notch fertility clinics.

  • Surrogacy friendly insurance policies are available.

  • The state has clear laws.

  • Surrogacy contracts are legal and enforceable.

  • The state offers the ability to obtain a pre-birth order (PBO) or other method for a birth certificate with the intended parents’ names on it

  • Good medical care and Level III NICUs are available.

  • The state is affordable for the typical intended parent (we know not everyone has Kim Kardashian’s bank account).

When it comes to the Western United States, Nevada, Colorado and Washington rank as the best.  These three states have strong laws, which protect both intended parents and gestational carriers.  And surrogacy insurance is readily available in Colorado, Washington and Nevada. Did you know that our own co-Director Sharon Lamothe was involved in making the laws in Washington among the most surrogacy-friendly in the country?  Ask her more about her involvement with that process.

Are you surprised to not see California ranked among the top states?  After all, California has one of the best surrogacy laws in the country.  The reality is that the laws in California are in fact excellent. The problem is that California has simply become very expensive for surrogacy and the typical intended parent can easily be priced out of the market in California. 

The good news is that other nearby states offer good alternatives, at lower cost.  Oregon, Idaho, Montana, and New Mexico are all good choices for gestational surrogacy.  So is Utah for certain intended parents.  

And then we get to Arizona.  Arizona has some confusing laws on the books about surrogacy.  The end result is that even surrogacy attorneys cannot agree whether surrogacy in Arizona is legal.     

The good news is that intended parents in Arizona can pursue surrogacy in other states, including all three states where Pacific Northwest Surrogacy operates (Washington, Oregon, and Idaho).  Arizona intended parents, we’re happy to have you come up north for surrogacy.

So that’s the surrogacy scoop for the western part of the United States.  

Interested in becoming an intended parent? Interested in becoming a surrogate? Contact us today to learn more.

Is surrogacy right for you?