Surrogacy in the United States is not regulated by federal laws, but it’s regulated at the state level. The law varies from state to state. There are those that don’t allow surrogacy at all. Others permit it for heterosexual couples, while there are those where this process is only legal for married couples and not singles.
The good news is, surrogacy friendly states have a well-defined legal framework that binds intended parents and the surrogate through a surrogacy contract.
As far as parentage is concerned, there are states which support the pre-birth order. This is a court order that is typically applied in the third trimester of pregnancy, which requires an IVF clinic to inscribe the names of the intended parents on the birth certificate. This ensures that the intended parents have all the right to the baby after birth, and the surrogate cannot sue for parentage.
Those states that don't support the pre-birth order have the post-birth order. This is a court order which allows the court of law to determine the parentage of the child. This order gives a surrogate the right to contest for the parentage of the child. Therefore, if you choose the United States as your surrogacy destination, ensure you select the states that provide for the pre-birth order.
The US states which are surrogacy friendly include California, Connecticut, Delaware, District of Columbia, Maine, Rhode Island, Washington, and Vermont. Those that are somewhat surrogacy friendly include Alabama, Alaska, Arkansas, Colorado, Georgia, Florida, Illinois, Hawaii, Kentucky, Kansas, Minnesota, Massachusetts, Mississippi, North Carolina, New Mexico, Ohio, Maryland, North Dakota, Oregon, Oklahoma, South Carolina, Pennsylvania, South Dakota, Utah, West Virginia, and Wisconsin.
States which don't allow surrogacy include Indiana, Arizona, Michigan, New York, and Louisiana. Wyoming is the only state that doesn't have any legislation pertaining to surrogacy.
Something worth noting is that a baby born through surrogacy in the US territory has a right to citizenship. Therefore, he/she is recognized as a US citizen after birth.