Our surrogacy laws are all over the place
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Kansas City families navigating surrogacy face two different legal systems depending on which side of the state line they use.
The big picture: Some state regulations have barriers for intended parents who are single, unmarried, not a heterosexual couple and/or not genetically related to the child.
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 a surrogate.
- And whether genetic surrogacy (when the surrogate uses her own egg) is even allowed.
Zoom in: Missouri law does not clearly allow or prohibit surrogacy, so courts rely on broader parentage rules to sort it out.
- Judges do not issue pre-birth parentage orders. Intended parents are typically not legally recognized until after the child is born.
- Parentage is finalized after delivery, and outcomes can vary depending on the family's situation and the judge handling the case.
Kansas follows a more defined process. Courts regularly approve pre-birth parentage orders, especially when at least one intended parent has a genetic connection.
- That allows parents to establish legal rights before birth and often be recognized right away.
- Most surrogacy contracts are enforceable, though some cases still require additional legal steps.
Zoom out: The trend across the country has largely been toward clearer regulation that protects surrogates, intended parents and children.
- New surrogacy regulations were enacted in Massachusetts, Michigan and Illinois last year, and in Oregon and Hawaii this year.
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, an attorney and the director of community justice and access at the National Center for LGBTQ Rights.
- Because contracts involve so many potential risks, like one party changing their mind midway through the process, "we always encourage people to at least talk to an attorney … even in a state where it's not criminalized," Wong says.
Yes, but: In states without enforceable surrogacy rules, Wong says, there's a risk that agreements could look like a criminal act, similar to "baby-selling."
- Still, surrogacy is practiced in most U.S. states, even in those where laws are unclear, according to surrogacy agency Creative Family Connections, which has a map showing how laws for compensated surrogacy are practiced across the country.