US State-by-State PBO Recognition Map

Q: Which US states allow pre-birth orders for surrogacy?

As of 2026, 11 US states grant pre-birth orders to same-sex couples, solo intended parents, and international intended parents. These include California, Nevada, Illinois, Connecticut, Maine, New Jersey, Michigan, Massachusetts, Texas, Florida, and Arkansas. Availability depends on state statute, judicial practice, marital status, and genetic connection.

Q: Can a solo gay dad from outside the US get a pre-birth order?

Yes, in states like California, Nevada, Illinois, Connecticut, and Washington, international intended parents including solo gay dads routinely receive pre-birth orders. The process varies by state but these jurisdictions have clear statutory or judicial support.

A pre-birth order establishes legal parentage before the child is born. This table maps the 11 US states where a PBO is available to same-sex couples, solo dads, and international intended parents, and what the catch is for each.

LEGAL

BOTTOM LINE

In 2026, 11 US states provide a clear statutory or judicial path for Pre-Birth Orders for same-sex and solo intended parents. California remains the gold standard, but recent 2025 legislative shifts in Michigan and Massachusetts have opened high-security, low-friction corridors for international families.

State	PBO Available	Single IP	Same-Sex	International IP	The Catch (Conditionals)
California	Yes	Yes	Yes	Yes	Gold standard. No genetic link required for the order.
Nevada	Yes	Yes	Yes	Yes	Statute specifically supports all family types. High consistency.
Illinois	Yes	Yes	Yes	Yes	Administrative process; fastest birth certificate issuance.
Connecticut	Yes	Yes	Yes	Yes	Clear statutory protection for all family structures.
Maine	Yes	Yes	Yes	Yes	Maine Parentage Act provides a streamlined, inclusive path.
New Jersey	Yes	Yes	Yes	Yes	Gestational Carrier Agreement Act (2018) protects all parties.
Michigan	Yes	Yes	Yes	Yes	2025 Update: Fully regulated and supportive for all IPs.
Massachusetts	Yes	Yes	Yes	Yes	2025 Update: New Parentage Act provides clear statutory PBOs.
Texas	Yes	Yes	Yes	Yes	Conditional: Statute covers married couples. Singles usually granted by specific judges.
Florida	Yes	Yes	Yes	Yes	Conditional: Fast "Affirmation of Parental Rights" (48 hrs) replaces PBO.
Arkansas	Yes	Yes	Yes	Yes	Conditional: At least one IP must have a genetic link to the child.

Disclaimer: This table is a reference guide, not legal advice. Surrogacy law changes frequently. Several states have no surrogacy statute and rely entirely on judicial practice, which means outcomes vary by county and judge. Always confirm the current legal landscape with a reproductive attorney licensed in your state before entering a surrogacy arrangement.

Compiled from state statutes, Uniform Parentage Act adoption status, and practitioner guidance. Last updated March 2026.

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