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Law and policy

States where surrogacy is restricted or banned

The short answer

Two states restrict compensated gestational surrogacy in 2026. Nebraska: compensated surrogacy contracts are void and unenforceable by statute, and the surrogate is treated as the legal mother, so agencies do not match Nebraska surrogates for paid journeys. Louisiana: only uncompensated gestational surrogacy is permitted, and only for married heterosexual couples using their own egg and sperm, under a court-approved agreement. Michigan was the third until April 2025, when the Michigan Family Protection Act replaced a 1988 law that voided paid surrogacy contracts and made arranging one a crime. Arizona is a gray area, with a statute calling contracts unenforceable but courts granting orders. Private Label Surrogacy does not accept surrogate applicants who live in Nebraska or Louisiana; intended parents from those states can work with a surrogate in a surrogacy-friendly state.

Written by Jan Telman Berman

Global Surrogacy Coordinator. 18+ years managing national and international cycles.

Last updated

Reviewed by [attorney name], [firm], on [date]. Every statement on this page about a state's law is pending review by counsel. Status as of [date].

This page explains where compensated gestational surrogacy is restricted in the United States, and what that means for intended parents and surrogates who live in those states. It is written by Jan Telman Berman, Global Surrogacy Coordinator at Private Label Surrogacy, who has managed national and international surrogacy cycles for more than 18 years. It is not legal advice.

Which states restrict compensated surrogacy in 2026?

Two states restrict compensated gestational surrogacy in 2026: Nebraska and Louisiana. Michigan was a third until April 2025, when it legalized compensated surrogacy. Arizona is a gray area: its statute calls surrogacy contracts unenforceable, but courts have granted parentage orders.

Everywhere else, compensated gestational surrogacy is either governed by a statute or practiced under court orders. For the full picture, see surrogacy laws by state.

"Restricted" does not always mean "criminal." In most cases it means the law will not enforce a paid agreement, and the intended parents cannot count on being recognized as legal parents at birth. For a journey that depends on both sides keeping their promises, that is enough to rule a state out.

The protection runs both ways. An enforceable agreement is what guarantees the surrogate her compensation, her expense reimbursements, her health insurance arrangements and her life insurance. It is also what guarantees the intended parents that they will be the legal parents of their child. Where a court will not enforce the agreement, neither side has that guarantee, however well they get along.

State What is restricted Who may still proceed Penalty or consequence Status date
Nebraska Compensated surrogacy contracts are void and unenforceable Uncompensated arrangements are not criminal but carry no contractual protection Surrogate treated as the legal mother; agreement cannot be enforced [date]
Louisiana Only uncompensated gestational surrogacy is permitted Married heterosexual couples using their own egg and sperm, under a court-approved agreement [Consequence of a non-compliant agreement: counsel to confirm] [date]
Michigan (before April 2025) A 1988 law voided paid surrogacy contracts and made arranging one a crime No longer restricted since April 2025 Replaced by the Michigan Family Protection Act April 2025
Arizona Statute calls surrogacy contracts unenforceable Courts have granted parentage orders Uncertain; counsel to advise case by case [date]

Nebraska: what the law says and what it means

In Nebraska, compensated surrogacy contracts are void and unenforceable by statute, and the surrogate is treated as the legal mother of the child.

What that means in practice:

PLS does not accept surrogate applicants who live in Nebraska.

Louisiana: uncompensated surrogacy under strict conditions

Louisiana permits only uncompensated gestational surrogacy, and only for married heterosexual couples using their own egg and sperm, under a court-approved agreement.

What that rules out:

What it allows: a married couple using their own gametes may proceed with an uncompensated surrogate, under a court-approved agreement.

PLS does not accept surrogate applicants who live in Louisiana.

Michigan before and after April 2025

Before April 2025, Michigan was one of the most restrictive states. A 1988 law voided paid surrogacy contracts and made arranging one a crime.

In April 2025, the Michigan Family Protection Act replaced that law. Compensated gestational surrogacy has been legal in Michigan since then.

What changed for families:

Confirm the effective date and transition rules for agreements signed before April 2025 with counsel. See surrogacy in Michigan.

Arizona and other gray-area states

Arizona has a statute that calls surrogacy contracts unenforceable, but courts have granted parentage orders. That leaves Arizona in a gray area: journeys can work, but the law does not give the predictability a statute state does.

Gray-area status is a reason for more care, not automatically a reason to stop. If you or your surrogate live in Arizona, talk to an Arizona reproductive-law attorney before you match. Ask what the attorney has seen in recent cases, how long the parentage step usually takes, and what the plan would be if a court declined to grant an order before birth. Get the answers before you commit money to a match. Ask how parentage orders are handled in the county where the surrogate would deliver. See surrogacy in Arizona.

Whether any other state should be listed as gray-area or restricted as of [date], including any 2026 changes, is being confirmed by counsel.

Can intended parents from a restricted state still pursue surrogacy?

Yes. The surrogate's state law generally governs the birth and parentage, not the intended parents' state. Intended parents who live in Nebraska or Louisiana routinely work with surrogates in surrogacy-friendly states.

How it works:

  1. Match with a surrogate in a surrogacy-friendly state. PLS surrogates live in surrogacy-friendly states, including Illinois.
  2. Each side retains an attorney in the surrogate's state. The gestational carrier agreement is drafted under that state's law.
  3. Parentage is established in the birth state. In a pre-birth order state, the intended parents are named legal parents before or at birth. See pre-birth vs post-birth parentage orders.
  4. You return home with your child. Your home state generally recognizes a valid parentage order from another state; your attorney will confirm what, if anything, is needed at home.

Working across state lines adds some practical steps. Your surrogate travels to your clinic for screening and for the embryo transfer, and has bloodwork and ultrasounds at a clinic near her home. Those costs are part of the third-party costs, which total $15,300 to $29,000 at PLS. You will also plan travel to the delivery hospital near your surrogate's home, and time there after the birth.

Everything else works as it does for any PLS journey: independent attorneys for each side, an independent licensed escrow agent funded with $10,000 at match and the balance before medications start, and screening of every surrogate before her profile is shown.

Can a surrogate from a restricted state carry for parents elsewhere?

Generally no, for a compensated journey. The law that matters is where the surrogate lives and where she delivers. If that is Nebraska or Louisiana, a paid agreement does not have the protection either side needs, wherever the intended parents live.

Whether a surrogate who lives in a restricted state could deliver in a surrogacy-friendly state, and whether that would be enough, is a question for counsel and is not something PLS arranges.

PLS recruits only in states where a compensated agreement is enforceable and a parentage order is available. If you live in a restricted state and want to become a surrogate, we cannot accept your application while you live there. If you move to a surrogacy-friendly state, we would be glad to hear from you.

Sources

Editor notes (C-067): COUNSEL: confirm Nebraska and Louisiana summaries, the Michigan effective date, and whether any other state should be listed (e.g., any 2026 changes). No statute numbers.

Frequently asked questions

Is surrogacy illegal in Nebraska?

Compensated surrogacy agreements are void in Nebraska; uncompensated arrangements are not criminal but carry no contractual protection. Confirm with counsel.

Can I live in Louisiana and use a surrogate in Illinois?

Yes. The surrogate's state law governs the birth; Louisiana parents routinely work with surrogates in surrogacy-friendly states.

Is Michigan still a restricted state?

No. Compensated gestational surrogacy has been legal in Michigan since April 2025.

Will PLS match a surrogate who lives in Nebraska?

No. PLS recruits only in states where a compensated agreement is enforceable and a parentage order is available.