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 will break it all down for you.

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

• Clear laws on parentage

• Ability to obtain a pre-birth order (PBO) or other method to obtain a birth certificate listing the intended parents’ names

• Enforceability of gestational carrier contracts

• Easy access to top-notch IVF clinics

• Affordable for the average intended parent (hey, we know not everyone has Kim Kardashian’s bank account!)

• Availability of surrogacy friendly insurance policies for the surrogate’s prenatal care

• Availability of good prenatal care and Level III NICUs

When it comes to the Northeastern corner of the country, the three northern New England states all rank among the best.  That’s Vermont, New Hampshire, and Maine for those of you not from the area. All three states have strong surrogacy laws, which protect both intended parents and gestational carriers.  

And surrogacy insurance is readily available in Vermont, New Hampshire and Maine, as is access to quality medical care.  Vermont, New Hampshire and Maine all have at least one Level III NICU in-state, and are also close enough to Boston to access the world-renowned medical care found there (including the prestigious Boston Children’s Hospital with a Level III/IV NICU).

The three other New England states are all good for surrogacy, too.  Connecticut, Massachusetts, and Rhode Island meet many of the criteria listed above, but lack comprehensive surrogacy laws.  Connecticut has a law on pre-birth orders, but not the same level of comprehensive laws found in the three northern New England states.  

Massachusetts has court decisions authorizing gestational surrogacy, but there remain other gray areas of the law on surrogacy. Efforts to enact surrogacy laws in Massachusetts have stalled.  Additionally, in Massachusetts, many insurance companies won’t pay for surrogacy, so intended parents have to turn to more expensive options to pay for their gestational carrier’s medical care.   

And Rhode Island has no law on surrogacy (not for lack of effort on the part of surrogacy advocates in Rhode Island).  Things do run smoothly in Rhode Island for now, but without a law on the books, there’s no guarantee that will continue.  That’s why Connecticut, Massachusetts, and Rhode Island are all good states for surrogacy, but there’s room for improvement.  Don’t worry--your lawyer will discuss these legal nuances with you.  

And then there’s New York.  New York is not surrogacy friendly.  Period. If the surrogate is not compensated, there are ways to make surrogacy work in New York.  Your attorney can fill you in on the details of what is and is not OK. However, compensated surrogacy is simply not an option under current New York law.  In fact, some New York fertility clinics will not even perform embryo transfers to compensated surrogates, even when the surrogate lives out of state. Efforts to change the law have spectacularly failed.  

The good news is that intended parents in New York can pursue surrogacy in other states, including all of the states where New England Surrogacy operates (Vermont, New Hampshire, Maine, Connecticut, Rhode Island & Massachusetts).  New York intended parents, we’re happy to have you come up north for surrogacy.

So that’s the scoop on the northeastern corner of the United States when it comes to surrogacy.  

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