Without a federal law, surrogacy in the U.S. is governed by a patchwork of local rules, which can determine whether agreements are legally binding or who is recognized as a parent at birth. As of 2026, surrogate agreements are enforceable in 31 states, void in one, and unregulated in 17. Major differences between state laws include how a surrogate must be compensated, who becomes the legal parents of a child born via surrogate, and whether genetic surrogacy (when the surrogate uses her own egg) is permitted. Some state regulations have barriers for intended parents who are single, unmarried, not a heterosexual couple and/or not genetically related to the child. Despite these challenges, most states still allow for surrogacy, even in those where laws are unclear, according to Surrogacy360.