Children’s Rights
Scorecard
About This Map
Children’s rights are under attack — and one of the clearest signs is the ongoing breakdown and redefinition of the family.
Too often, laws and policies prioritize adult desires over children’s needs. From laws that stamp the state’s seal of approval on surrogacy to administrative changes in states’ Vital Records, children are increasingly treated as commodities instead of people with inherent rights.
Our Criteria

Parentage
The words we use matter. They can declare the truth of the natural world—or obscure it. In family law, language shapes how states recognize parents and, ultimately, how they define the family itself. We graded states on three categories under parentage law:
- Whether the state maintains “mother” and “father” language or replaces it with gender-neutral terminology.
- Whether the state allows parentage to be established based on “intent” without biological relationship or going through the adoption process.
- Whether the state allows more than two adults to be recognized as a child’s legal parents.
Mother–Father Language
Every child naturally has a mother and a father. This is a basic biological reality. Those two adults have a profound impact on a child’s life, and missing either one of them leaves a lasting mark. When states rewrite their laws to use gender-neutral substitutes for words like mother, father, maternity, and paternity, they send a clear message that a child only needs any two (or more) adults, and that kids lose nothing by being cut off from their own mother or father. 17 states have embraced this change in some or all of their parentage laws.
Intent-Based Parentage
Throughout history, parentage has been established in one of two ways: biology or, when biological parents are unable to raise their own children, adoption. With the rise of assisted reproductive technologies, especially surrogacy, states have begun to embrace a new way of establishing parentage: Intent. Intent-based parentage allows adults to gain full parental rights and custody of a child who shares no biological connection with them. They don’t have to go through the adoption process, which exists to protect the child’s best interests. They simply have to demonstrate intent to parent a child they commissioned through ART. This dangerous shortcut fails to protect children: unrelated adults, who might never pass an adoption screening, can commission a child and gain full legal custody.
Polyparenting
Polyamory may be the latest relationship trend in pop culture, but it’s far from a pro-child arrangement. For decades, research has shown that the presence of unrelated adults in the home increases risks to children’s safety. And yet these arrangements are quietly making their way into state parentage laws. Today, 10 states allow more than two adults to hold the legal status of “parent” for a single child, while 8 more allow a third adult to be declared a “de facto parent” with the permission of both parents. These laws expose children to risks and instability while insisting that a child doesn’t need his own mother and father; any two—or more—adults will do.
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Surrogacy
Surrogacy commodifies children by allowing a couple or an individual to pay a woman to have a baby and relinquish her parental rights. Surrogacy arrangements vary by genetic relationship and compensation, but every surrogacy arrangement forces the child involved to undergo the trauma of maternal separation—usually within moments of birth.
Surrogacy arrangements fall into four main categories:
- Gestational surrogacy:
The surrogate mother becomes pregnant via in vitro fertilization (IVF) using the commissioning parents’ sperm and egg, “donor” sperm and eggs from a third party, or sperm or egg from one commissioning parent combined with sperm or egg from a “donor.” - Genetic surrogacy:
The surrogate mother becomes pregnant either via IVF or intrauterine insemination (IUI) using her own egg and either “donor” sperm or sperm from a commissioning parent. - Commercial surrogacy:
The surrogate mother receives direct payment, usually ranging from $40,000-$100,000. - Altruistic surrogacy:
The surrogate mother does not receive direct payment, but can still receive tens of thousands of dollars in “pregnancy-related reimbursement” and gifts.
The most common arrangement is commercial gestational surrogacy. Surrogacy divides the role of “mother” between up to three different women—genetic mother, birth mother, and social mother (with genetic and birth mother being the same in cases of genetic surrogacy). Each of these women is then treated as optional in a child’s life. A child of surrogacy will always lose his birth mother, often lose his genetic mother, and frequently be raised without a social mother, either.
Surrogacy reduces children to products in a market where unrelated adults—even predators—can gain custody without background checks.
Each state was graded on the following:
- Whether it has laws or case law allowing or banning commercial or altruistic gestational surrogacy
- Whether it has laws of case law allowing or banning commercial or altruistic genetic surrogacy
- Whether or not a state grants “pre-birth orders” allowing commissioning parents to gain legal parentage of a child before birth in gestational or genetic surrogacy arrangements

Donor Conception and IVF
“Donor conception” is a misnomer. In donor conception, “donor” parents are paid for their sperm and eggs, which will be used to create children who will have no connection with them. It is a lucrative business, and when it comes down to it, it is the exchange of money for parental rights and the buying and selling of children. This industry operates with almost no regulation in the United States.
Donor-conceived children do not have access to their biological identity or family history—including their family medical history. They may have dozens or even hundreds of unknown half-siblings living in close proximity, and “donor” parents can make hundreds or even thousands of dollars “donating” the genetic material that will be sold and used to create their children, whom they will never know.
Only two states have laws banning sperm and egg donor anonymity, and only one has laws directly limiting how much a “donor” mother can make for selling her eggs.
IVF and the “Right” to Infertility Treatment
In a slap in the face to the real tragedy of infertility, progressive states have begun to redefine infertility to include “social infertility”—that is, the inability to conceive because one is single or in a naturally non-procreative relationship, such as a same-sex marriage. These are life choices, not medical conditions. When infertility is redefined in this way, “treatment” always involves the use of third-party gametes and wombs, violating children’s natural rights.
Meanwhile, red and blue states alike have begun to apply the language of “rights” to IVF. This is dangerous—once a practice is framed as a “right”, meaningful regulation becomes nearly impossible. The fertility industry is already in the practice of routinely destroying, discarding, and eugenically screening embryos, as well as abandoning countless human lives in frozen storage. Applying “rights” language further enables these practices and could be interpreted to include a “right” to surrogacy and the use of “donor” sperm and eggs.
Each state was graded on the following:
- Whether it has laws enabling donor-conceived individuals to learn the identity of their “donor” parents
- Whether it has laws limiting how many children can be created using a single “donor” parent’s sperm or eggs
- Whether it has laws banning or limiting compensation for sperm and eggs
- Whether a donor-conceived child’s birth certificate will reflect his true parentage
- Whether infertility has been redefined to include “social infertility”
- Whether the state has declared IVF to be a “right”
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Marriage
Marriage protects a child’s relationship with the two adults from whom he came. When marriage is redefined or eroded, children pay the price. Redefining marriage resulted in redefining parentage, and as a result, children’s rights to their own mother and father are unprotected. No-fault divorce replaced the permanence of marriage with easily dissolvable unions—leaving children to carry the weight of broken families. Decades of research show that children of divorce face serious challenges, from identity struggles to instability between two homes.
We scored states on:
- Whether or not they preserve natural marriage in their constitution and/or laws
- Whether they allow fault-based grounds for divorce or are “true” no-fault states
- Whether or not they required a waiting period of at least six months
Natural Marriage
Children come from a man and a woman. Natural marriage (marriage between one man and one woman) recognizes that fundamental reality and protects a child’s relationship with the two adults from whom he came. Although Obergefell v. Hodges imposed the redefinition of marriage on all 50 states, many states have maintained language in their constitutions and laws recognizing the truth of natural marriage and preparing for a post-Obergefell world.
“True” no-fault states
All 50 states allow no-fault divorce, but some have gone further, eliminating fault-based grounds altogether. This means “falling out of love” is treated the same as adultery, abandonment, or abuse. To restore faithfulness to marriage, we must stop conflating no-fault and fault-based divorce.
Waiting Periods
Research indicates that waiting or “cooling off” periods significantly decrease the overall divorce rate, with the additional time preventing “heat of the moment” decisions. Shortened or non-existent waiting periods fast-track upheaval for the children involved.
Parental Education
Too often, children are told that a divorce was “best for everyone,” while their real pain is ignored. Parental education requirements ensure adults understand the lasting impact divorce has on their children and help prevent families from minimizing that pain.
Join us in speaking up for children — in every state, in every law.
To learn more about our scoring rubric and findings, download the full report here.
Click on your state to see its grade and an overview of the laws that earned it that score.
Grade Legend
- A
- B
- C
- D
- F
Parentage
Mother-Father language: Alabama parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Alabama does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Alabama does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Surrogacy falls into a legal grey area in Alabama and is treated as legal because there is no law banning it. Courts will usually grant pre-birth orders, granting legal parentage to the commissioning parents, but those orders have to be finalized after birth.
Donor Conception and IVF
Donor-Conception: Because Alabama does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the mother’s husband in cases of donor conception.
Redefinition of infertility and right to IVF: Alabama does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit states’ ability to protect embryonic children. However, it does have laws protecting the IVF industry from civil or criminal liability, taking away justice for embryonic children who are wrongfully destroyed.
Marriage
Natural Marriage: Although Alabama’s constitution has strong language recognizing natural marriage (marriage between one man and one woman), the state redefined marriage in 2019 to include same-sex marriage. When marriage is redefined, parentage is also redefined. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Alabama allows no-fault divorce, but still recognizes fault-based grounds. The waiting period is very short (typically 30 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Alabama does not require any sort of parental education regarding the impact of divorce on children
Parentage
Mother-Father language: Alaska parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Alaska does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Alaska law does not redefine the family to allow more than two parents, but courts have, in a few notable cases, allowed for third-parent adoption.
Surrogacy
Surrogacy: Surrogacy falls into a legal grey area in Alaska and is treated as legal because there is no law banning it. Courts will usually grant pre-birth orders, granting legal parentage to the commissioning parents.
Donor Conception and IVF
Donor conception: Because Alaska does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the mother’s husband in cases of donor conception.
Redefinition of infertility and right to IVF: Alaska does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Alaska’s constitution and marriage laws recognize natural marriage (marriage between one man and one woman.) Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Alaska allows no-fault divorce, but still recognizes fault-based grounds. The waiting period is very short (typically 30 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Alaska courts require parental education on the impact of divorce on children before finalization, but requirements vary by location.
Parentage
Mother-Father language: Arizona parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Arizona does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Arizona does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Arizona law bans surrogacy contracts, but an Arizona Supreme Court ruling created a pathway for commissioning parents to obtain parental rights through the courts. Courts typically grant pre-birth orders, granting legal parentage to the commissioning parents.
Donor Conception and IVF
Donor conception: Because Arizona does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the unrelated spouse in cases of donor conception.
Redefinition of infertility and right to IVF: Arizona does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Arizona recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Arizona is a no-fault divorce state and does not recognize fault-based grounds for divorce. The waiting period is short (60 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is required, and any divorce case involving children may be transferred to conciliation court if the court believes the child would be harmed by the divorce.
Parentage
Mother-Father language: Arkansas parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Arkansas does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Arkansas does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Arkansas law creates a legal framework for genetic surrogacy (when the surrogate mother is also the genetic mother), and gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) is also practiced. When the baby is born, the surrogate mother is listed as the mother, but a new birth certificate is issued when ordered by a court.
Donor Conception and IVF
Donor conception: Because Arkansas does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the mother’s husband in cases of donor conception. This led to presumption of paternity being applied to same-sex couples under the U.S. Supreme Court ruling Pavan v. Smith.
Redefinition of infertility and right to IVF: Arkansas does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Divorce
Natural marriage: Arkansas recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Arkansas is a no-fault divorce state and does not recognize fault-based grounds for divorce. The waiting period is short (60 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Courts may order parental education on the impact of divorce on children, but is not required in all cases.
Parentage
Mother-Father language: California parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under California’s surrogacy law, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: California law allows more than two adults to be legally treated as a child’s parents if a court decides it is in the child’s best interest to do so, exposing children to the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) is legal in California. Although the law does not address genetic surrogacy (when the surrogate mother is also the genetic mother), it is practiced in the state. California grants pre-birth orders, granting legal parentage to the commissioning parents before the birth of the child.
Donor Conception and IVF
Donor conception: Because California does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the unrelated spouse in cases of donor conception.
Redefinition of infertility and right to IVF: California redefines infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. However, it does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: California’s constitution treats marriage as a gender-neutral contract rather than recognizing natural marriage (marriage between one man and one woman). When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: California is a no-fault divorce state and does not recognize fault-based grounds for divorce. The state has a six-month waiting period, providing the opportunity for reflection and reducing “heat of the moment” divorces. Parental education on the impact of divorce on children is not required.
Parentage
Mother-Father Language: Although Colorado parentage law uses mother and father language, it also clarifies that these terms are meant to be applied in a gender-neutral fashion, denying the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Colorado’s surrogacy and assisted reproduction laws, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Colorado does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Both gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) and genetic surrogacy (when the surrogate mother is also the genetic mother) are legal in Colorado, and the state grants pre-birth orders, granting legal parentage to the commissioning parents before the birth of the child.
Donor Conception and IVF
Donor Conception: Colorado became the first state in the nation to pass a law banning anonymous sperm and egg donation in 2022. Colorado is also the only state in the nation to place limits on how often a donor’s sperm or eggs can be used, requiring clinics and gamete banks to make a “good faith effort” to ensure that no more than 25 families use gametes from one donor—a good start, but a number that is still high enough for donor-conceived children to have dozens of half-siblings they learn about later in life. Despite these positive developments, “donor” parents are still allowed to sell their parental rights through gamete donation. Additionally, the child’s birth certificate will not reflect their true parentage because parentage is automatically granted to unrelated “intended parents” in cases of donor conception.
Redefinition of infertility and right to IVF: Colorado redefines infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. Colorado law also establishes a “right” to reproductive healthcare that includes the right to use, destroy, or donate embryos.
Divorce
Natural Marriage: In 2024, voters removed language recognizing natural marriage (marriage between one man and one woman) from Colorado’s constitution. When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Colorado is a no-fault divorce state and does not recognize fault-based grounds for divorce. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Courts may order parental education on the impact of divorce on children, but is not required in all cases.
Parentage
Mother-Father Language: Connecticut parentage law replaces terms like “mother” and “father” with gender-neutral language, denying the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Connecticut’s surrogacy law, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Connecticut law allows courts to determine that a child has more than two legal parents, exposing children to the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Both gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) and genetic surrogacy (when the surrogate mother is also the genetic mother) are legal in Connecticut, and the state grants pre-birth orders, granting legal parentage to the commissioning parents before the birth of the child.
Donor Conception and IVF
Donor conception: Connecticut law allows individuals conceived via sperm and egg donation to request identifying information about their “donor” parents upon turning 18, unless if the parent has opted out of identity disclosure. Because of this carveout, the law actually reinforces sperm and egg donor anonymity in many cases, meaning donor-conceived individuals do not have access to their biological identity or family history. Additionally, donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to unrelated “intended parents” in cases of donor conception.
Redefinition of infertility and right to IVF: Connecticut does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: While Connecticut has not constitutionally legitimized same sex marriage, husband and wife language was removed from the definition of marriage. When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Connecticut allows no-fault divorce, but still recognizes fault-based grounds. The waiting period is short (90 days) and may be waived, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is required.
Parentage
Mother-Father language: Delaware parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Delaware’s surrogacy law, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Delaware law allows a third-party to obtain the status of a “de facto parent”, exposing children to the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) is legal in Delaware. Although the law does not address genetic surrogacy (when the surrogate mother is also the genetic mother), it is practiced in the state. Delaware grants pre-birth orders, granting legal parentage to the commissioning parents, but they are stayed until birth.
Donor Conception and IVF
Donor conception: Because Delaware does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the unrelated spouse in cases of donor conception.
Redefinition of infertility and right to IVF: Delaware does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit states’ ability to protect embryonic children. However, it does have laws protecting the IVF industry from legal action, taking away justice for embryonic children who are wrongfully destroyed.
Marriage
Natural marriage: Delaware has legalized same-sex marriage, rather than maintaining language that recognizes natural marriage (marriage between one man and one woman.) When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Delaware allows no-fault divorce, but still recognizes fault-based grounds. The state has a six-month waiting period, providing the opportunity for reflection and reducing “heat of the moment” divorces. Parental education on the impact of divorce on children is required.
Parentage
Mother-Father language: District of Columbia parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Intent-based parentage: Under Washington D.C.’s surrogacy law, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Washington D.C.’s laws allow a third-party to obtain the status of a “de facto parent”, exposing children to the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Both gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) and genetic surrogacy (when the surrogate mother is also the genetic mother) are legal in Washington D.C., and the district grants pre-birth orders for gestational surrogacy, granting legal parentage to the commissioning parents before the birth of the child. Pre-birth orders are available for genetic surrogacy, but they must be finalized after birth.
Donor Conception and IVF
Donor conception: Because Washington D.C. does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the unrelated spouse in cases of donor conception.
Redefinition of infertility and right to IVF: Washington D.C. redefines infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. However, it does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Washington D.C. has legalized same-sex marriage, rather than maintaining language that recognizes natural marriage (marriage between one man and one woman.) When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Washington D.C. is a no-fault divorce jurisdiction and does not recognize fault-based grounds for divorce. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is not required.
Parentage
Mother-Father language: Florida parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Florida does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Flordia does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Florida law allows gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) in cases when the commissioning mother is physically unable to carry a pregnancy to term. It also allows genetic surrogacy (when the surrogate mother is also the genetic mother), which it refers to as “pre-planned adoption.” In both cases, payment is technically limited to pregnancy-related expenses, but the wording is broad and easily used to pay tens of thousands of dollars above directly pregnancy-related expenses. Pre-birth orders, granting legal parentage to the commissioning parents, can be sought, but may not be finalized until after the birth of the child.
Donor Conception and IVF
Donor conception: Because Florida does not have any laws addressing sperm and egg donor anonymity of frequency, donor-conceived individuals do not have access to their biological identity or family history, and donor-conceived children may have dozens or even hundreds of unknown half-siblings. Florida does limit payment that “donor” parents can receive in exchange for parental rights to their future offspring to “only reasonable compensation directly related to” the donation of eggs and sperm, but does not define “reasonable compensation.” The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the mother’s husband in cases of donor conception.
Redefinition of infertility and right to IVF: Florida does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Florida recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Florida is a no-fault divorce state and does not recognize fault-based grounds for divorce. The waiting period is very short (20 days, but sometimes longer when minor children are involved), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is required.
Parentage
Mother-Father language: Georgia parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Georgia does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Georgia does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Parentage
Surrogacy: Surrogacy falls into a legal grey area in Georgia and is treated as legal because there is no law banning it. Courts will usually grant pre-birth orders, granting legal parentage to the commissioning parents.
Donor Conception and IVF
Donor conception: Because Georiga does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the unrelated spouse in cases of donor conception.
Redefinition of infertility and right to IVF: Georgia does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children—although it does have a law stating that Georgia Code should be construed as prohibiting or preventing a person from obtaining IVF.
Marriage
Natural marriage: Georgia recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Georgia allows no-fault divorce, but still recognizes fault-based grounds. The waiting period is very short (30 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Most counties in Georgia require parental education on the impact of divorce on children before finalization, but requirements vary by location.
Parentage
Mother-Father Language: Hawaii parentage law replaces terms like “mother” and “father” with gender-neutral language, denying the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Hawaii’s surrogacy law, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Hawaii law allows courts to determine that a child has more than two legal parents, exposing children to the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Both gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) and genetic surrogacy (when the surrogate mother is also the genetic mother) are legal in Hawaii, and the state grants pre-birth orders, granting legal parentage to the commissioning parents before the birth of the child. Surrogate mothers may withdraw consent up to 72 hours after birth in cases of genetic surrogacy.
Donor Conception and IVF
Donor conception: Because Hawaii does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to unrelated “intended parents” in cases of donor conception.
Redefinition of infertility and right to IVF: Hawaii does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Hawaii has legalized same-sex marriage, rather than maintaining language that recognizes natural marriage (marriage between one man and one woman.) When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Hawaii is a no-fault divorce state and does not recognize fault-based grounds for divorce. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is required.
Parentage
Mother-Father language: Idaho parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Idaho does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Idaho does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) is legal in Idaho, but genetic surrogacy (when the surrogate mother is also the genetic mother) is banned. Idaho grants pre-birth orders giving legal parentage to commissioning parents, but they must be finalized after birth.
Donor Conception and IVF
Donor conception: Idaho’s surrogacy law specifies that if a gamete donor wishes to remain anonymous, only non-identifying information will be shared, meaning donor-conceived individuals only have access to their biological identity if their “donor” parents allow them to. Additionally, donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the mother’s husband in cases of donor conception.
Redefinition of infertility and right to IVF: Idaho does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships, such as same-sex couples and single individuals, as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right.”
Marriage
Natural marriage: Idaho recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Idaho is a no-fault divorce state and does not recognize fault-based grounds for divorce. The waiting period is very short (21 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Courts may order parental education on the impact of divorce on children, but is not required in all cases.
Parentage
Mother-Father language: Illinois parentage law maintains some language referring to mothers and fathers, but has begun shifting toward gender-neutral language.
Intent-based parentage: Under Illinois surrogacy law, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Illinois does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Both gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) and genetic surrogacy (when the surrogate mother is also the genetic mother) are legal in Illinois, and the state grants pre-birth orders, granting legal parentage to the commissioning parents before the birth of the child.
Donor Conception and IVF
Donor conception: Because Illinois does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to unrelated “intended parents” in cases of donor conception.
Redefinition of infertility and right to IVF: Illinois redefines infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. While it does not have laws that directly declare IVF to be a right—a move that limits states’ ability to protect embryonic children—the Reproductive Health Act sets for a broad range of “reproductive rights” that could be interpreted to include IVF.
Marriage
Natural marriage: Illinois has legalized same-sex marriage, rather than maintaining language that recognizes natural marriage (marriage between one man and one woman.) When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Illinois is a no-fault divorce state and does not recognize fault-based grounds for divorce. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is technically required but can be waived by the court.
Parentage
Mother-Father language: Indiana parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Indiana does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Indiana does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Surrogacy contracts are unenforceable under Indiana law. However, surrogacy is still practiced in the state. Pre-birth orders giving legal parentage to the commissioning parents before birth are generally not granted, although there may be some exceptions.
Donor Conception and IVF
Donor conception: Because Indiana does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings. Indiana limits payment that “donor” mothers can receive in exchange for parental rights to their future offspring by capping compensation for egg donation to $4000. No compensation limit exists for sperm donation.
Redefinition of infertility and right to IVF: Indiana does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Indiana law recognizes natural marriage (marriage between one man and one woman). Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Indiana allows no-fault divorce, but also recognizes some fault-based grounds. The waiting period is short (60 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Some counties require parental education on the impact of divorce on children before finalization, but requirements vary by location.
Parentage
Mother-Father language: Iowa parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Iowa allows parentage to be established on the basis of intent in the context of surrogacy. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Iowa does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Parentage
Surrogacy: Iowa allows gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) under state supreme court precedent. Genetic surrogacy (when the surrogate mother is also the genetic mother) was not addressed in the ruling and is in a legally grey area with no law or case law banning it or allowing it. Pre-birth orders, granting legal parentage to the commissioning parents before the birth of the child, are sometimes granted, depending on the commissioning parents’ genetic relationship to the child.
Donor Conception and IVF
Donor conception: Because Iowa does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation.
Redefinition of infertility and right to IVF: Iowa does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Iowa law recognizes natural marriage (marriage between one man and one woman). Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Iowa is a no-fault divorce state and does not recognize fault-based grounds for divorce. The waiting period is short (90 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is technically required in cases involving child custody disputes, but can be waived by the court.
Parentage
Mother-Father language: Kansas parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: In 2020, the Kansas Supreme Court allowed parentage to be established on the basis of intent in the context of assisted reproduction. This allows an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Kansas does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Surrogacy falls into a legal grey area in Kansas and is treated as legal because there is no law banning it. Courts will usually grant pre-birth orders, granting legal parentage to the commissioning parents, but only if the intended parents used their own sperm and egg.
Donor Conception and IVF
Donor conception: Because Kansas does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Marriage
Natural marriage: Kansas recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Kansas allows no-fault divorce, but still recognizes some fault-based grounds. The waiting period is very short (60 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is not required.
Parentage
Mother-Father language: Kentucky parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Kentucky does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Kentucky does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) falls into a legal grey area in Kentucky and is treated as legal because there is no law banning it, but genetic surrogacy (when the surrogate mother is also the genetic mother) is banned. Kentucky generally grants pre-birth orders giving legal parentage to commissioning parents, as long as at least one parent is genetically related to the child.
Donor Conception and IVF
Donor conception: Because Kentucky does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage.
Redefinition of infertility and right to IVF: Kentucky does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Kentucky recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Kentucky allows no-fault divorce, but still recognizes fault-based grounds. The waiting period is very short (30 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Some legal circuits require parental education on the impact of divorce on children before finalization, but requirements vary by location.
Parentage
Mother-Father language: Louisiana parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Louisiana does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Louisiana allows “dual paternity” in some circumstances, and the state supreme court upheld a three-way custody agreement, potentially opening the door to polyparenting—an arrangement that exposes children to the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Louisiana allows altruistic (unpaid) gestational surrogacy as long as the commissioning parents are married to each other and use their own sperm and eggs. Orders granting parentage can only be obtained after birth.
Donor Conception and IVF
Donor conception: Because Louisiana does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Redefinition of infertility and right to IVF: Louisiana does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: The Louisiana constitution recognizes natural marriage (marriage between one man and one woman). Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Louisiana allows no-fault divorce, but still recognizes fault-based grounds. The state has a six-month waiting period, which is extended to 12 months in cases involving minor children, providing the opportunity for reflection and reducing “heat of the moment” divorces. Parental education on the impact of divorce on children is not required.
Parentage
Mother-Father Language: Maine parentage law replaces terms like “mother” and “father” with gender-neutral language, denying the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Maine’s surrogacy and assisted reproduction laws, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Maine law allows courts to determine that a child has more than two legal parents, exposing children to the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Maine allows gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs), and allows genetic surrogacy (when the surrogate mother is also the genetic mother) only when the surrogate mother is entering into an agreement with a family member. The Maine Supreme Court ruled in 2016 that the commissioning parents, not the birth mother, should be listed on a surrogate child’s birth certificate.
Donor Conception and IVF
Donor conception: Because Maine does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to unrelated “intended parents” in cases of donor conception.
Redefinition of infertility and right to IVF: Maine has expanded its definition of infertility to include non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Maine has legalized same-sex marriage, rather than maintaining language that recognizes natural marriage (marriage between one man and one woman.) When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Maine allows no-fault divorce, but also recognizes some fault-based grounds. The waiting period is short (60 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education may be required by the court, but is not mandatory in all cases.
Parentage
Mother-Father Language: Although Maryland parentage law uses mother and father language, it also clarifies that these terms are meant to be applied in a gender-neutral fashion, denying the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Maryland does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Maryland Supreme Court precedent established a category for a third “de facto parent” when both parents consent, opening the door to polyparenting—an arrangement that exposes children to the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Maryland allows gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) under state supreme court precedent. Genetic surrogacy (when the surrogate mother is also the genetic mother) was not addressed in the ruling and is in a legally grey area with no law or case law banning it or allowing it. The state grants pre-birth orders, granting legal parentage to the commissioning parents before the birth of the child.
Donor Conception and IVF
Donor conception: Because Maryland does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the unrelated spouse in cases of donor conception.
Redefinition of infertility and right to IVF: Maryland redefines infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural Marriage: In 2024, language referring to husbands and wives was removed from Maryland’s marriage laws. When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Maryland is a no-fault divorce state and does not recognize fault-based grounds for divorce. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Courts may order parental education on the impact of divorce on children, but it is not required in all cases.
Parentage
Mother-Father Language: Massachusetts parentage law replaces terms like “mother” and “father” with gender-neutral language, denying the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Massachusetts surrogacy and assisted reproduction laws, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Massachusetts law allows courts to determine that a child has more than two legal parents, exposing children to the risks and instability of having multiple unrelated adults in the home.
Parentage
Surrogacy: Both gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) and genetic surrogacy (when the surrogate mother is also the genetic mother) are legal in Massachusetts. The state grants pre-birth orders, granting legal parentage to the commissioning parents, although such orders cannot be finalized until after birth in cases of genetic surrogacy.
Donor Conception and IVF
Donor conception: Because Massachusetts does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to unrelated “intended parents” in cases of donor conception.
Redefinition of infertility and right to IVF: Massachusetts does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Divorce
Natural marriage: Massachusetts does not explicitly recognize natural marriage (marriage between one man and one woman) in its Constitution or statutes as the only marriage arrangement. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Massachusetts allows no-fault divorce, but still recognizes fault-based grounds. The state has a six-month waiting period, providing the opportunity for reflection and reducing “heat of the moment” divorces. Parental education on the impact of divorce on children is technically required, but can be waived by the court.
Parentage
Mother-Father language: Michigan parentage law contains a mix of language referring to mothers and fathers and gender-neutral “parentage” language which denies the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Michigan surrogacy and assisted reproduction laws, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Michigan does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Both gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) and genetic surrogacy (when the surrogate mother is also the genetic mother) are legal in Michigan. The state grants pre-birth orders, granting legal parentage to the commissioning parents before birth.
Donor Conception and IVF
Donor conception: Because Michigan does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to unrelated “intended parents” in cases of donor conception.
Redefinition of infertility and right to IVF: Michigan does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Divorce
Natural marriage: Michigan recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Michigan is a no-fault divorce state and does not recognize fault-based grounds for divorce. The state has a six-month waiting period, providing the opportunity for reflection and reducing “heat of the moment” divorces. Parental education on the impact of divorce on children is not required.
Parentage
Mother-Father language: Minnesota parentage law contains a mix of language referring to mothers and fathers and gender-neutral “parentage” language, which denies the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Minnesota does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Minnesota does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Surrogacy falls into a legal grey area in Minnesota and is treated as legal because there is no law banning it. Minnesota Vital Records provides a process for issuing a birth certificate with the intended parents' names, which must be finalized after birth.
Donor Conception and IVF
Donor conception: Because Minnesota does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to unrelated “intended parents” in cases of donor conception.
Redefinition of infertility and right to IVF: Minnesota does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single indivuals as “infertile” based on lifestyle choices rather than medical conditions. While it does not have laws that directly declare IVF to be a right—a move that limits states’ ability to protect embryonic children—the “PRO” Act creates a right to “reproductive healthcare” that could be interpreted to include IVF.
Marriage
Natural Marriage: In 2012, voters removed language recognizing natural marriage (marriage between one man and one woman) from Minnesota’s constitution. When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Minnesota is a no-fault divorce state and does not recognize fault-based grounds for divorce. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Courts may order parental education on the impact of divorce on children, but it is not required in all cases.
Parentage
Mother-Father language: Mississippi parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Mississippi does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Mississippi does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Surrogacy falls into a legal grey area in Mississippi and is treated as legal because there is no law banning it. Pre-birth orders, granting legal parentage to the commissioning parents before birth, can sometimes be obtained, but post-birth orders are more common.
Donor Conception and IVF
Donor conception: Because Mississippi does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Redefinition of infertility and right to IVF: Mississippi does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: The Mississippi constitution recognizes natural marriage (marriage between one man and one woman). Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Mississippi allows no-fault divorce, but also recognizes some fault-based grounds. The waiting period is short (60 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on minors is not required.
Parentage
Mother-Father language: Missouri parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Missouri does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Missouri does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Surrogacy falls into a legal grey area in Missouri and is treated as legal because there is no law banning it. Pre-birth orders, granting legal parentage to the commissioning parents before birth, can sometimes be obtained, but post-birth orders are more common.
Donor Conception and IVF
Donor conception: Because Missouri does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Redefinition of infertility and right to IVF: Missouri does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Divorce
Natural marriage: Missouri recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Missouri allows no-fault divorce, but still recognizes some fault-based grounds. The waiting period is very short (30 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is required in all cases involving the custody of a minor child.
Parentage
Mother-Father language: Montana parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Montana does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Montana does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Surrogacy falls into a legal grey area in Montana and is treated as legal because there is no law banning it. Pre-birth orders giving legal parentage to commissioning parents before birth may be granted, as long as at least one parent is genetically related to the child.
Donor Conception and IVF
Donor conception: Because Montana does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Redefinition of infertility and right to IVF: Montana does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Montana’s constitution recognizes natural marriage (marriage between one man and one woman). Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Montana is a no-fault divorce state and does not recognize fault-based grounds for divorce. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is required.
Parentage
Mother-Father language: Nebraska parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Nebraska does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Nebraska does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Under Nebraska law, commercial surrogacy contracts are considered void and unenforceable. The child's genetic father is recognized as the father at birth, and any other "intended parent" must pursue parentage through second-parent adoption. Pre-birth orders giving legal parentage to commissioning parents before birth are not granted.
Donor Conception and IVF
Donor conception: Because Nebraska does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Redefinition of infertility and right to IVF: Nebraska does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Nebraska’s constitution recognizes natural marriage (marriage between one man and one woman). Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Nebraska is a no-fault divorce state and does not recognize fault-based grounds for divorce. The waiting period is short (60 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on minors is required, but failure to participate will not delay divorce proceedings by more than six months.
Parentage
Mother-Father language: Nevada parentage law replaces terms like “mother” and “father” with gender-neutral language, denying the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Nevada’s surrogacy and assisted reproduction laws, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Nevada law allows courts to determine that a child has more than two legal parents, exposing children to the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) is legal in Nevada. Genetic surrogacy (when the surrogate mother is also the genetic mother) is banned. Nevada grants pre-birth orders giving legal parentage to commissioning parents before birth.
Donor Conception and IVF
Donor conception: Because Nevada does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to unrelated “intended parents” in cases of donor conception.
Redefinition of infertility and right to IVF: Nevada does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Nevada has legalized same-sex marriage, rather than maintaining language that recognizes natural marriage (marriage between one man and one woman.) When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Nevada is a no-fault divorce state and recognizes very limited fault-based grounds for divorce. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Some counties require parental education on the impact of divorce on children before finalization, but requirements vary by location.
Parentage
Mother-Father Language: New Hampshire parentage law replaces terms like “mother” and “father” with gender-neutral language, denying the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under New Hampshire surrogacy and assisted reproduction laws, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: New Hampshire does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) is legal in New Hampshire, but genetic surrogacy (when the surrogate mother is also the genetic mother) falls into a legal grey area, with no laws declaring it legal or illegal. Pre-birth orders granting legal parentage to the commissioning parents before birth are granted.
Donor Conception and IVF
Donor conception: Because New Hampshire does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Redefinition of infertility and right to IVF: New Hampshire does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: New Hampshire has legalized same-sex marriage, rather than maintaining language that recognizes natural marriage (marriage between one man and one woman.) When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: New Hampshire allows no-fault divorce, but still recognizes some fault-based grounds. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is required.
Parentage
Mother-Father language: New Jersey parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under New Jersey surrogacy and assisted reproduction laws, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: New Jersey law does not redefine the family to allow more than two parents. However, the New Jersey Superior Court granted joint legal custody to three adults who were raising a child in a “tri-parenting” agreement in 2015, potentially opening the door to polyparenting—an arrangement that exposes children to the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) is legal in New Jersey, but genetic surrogacy (when the surrogate mother is also the genetic mother) falls into a legal grey area, with no laws declaring it legal or illegal. Pre-birth orders granting legal parentage to the commissioning parents before birth are granted.
Donor Conception and IVF
Donor conception: Because New Jersey does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the unrelated spouse in cases of donor conception.
Redefinition of infertility and right to IVF: New Jersey redefines infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: New Jersey has legalized same-sex marriage, rather than maintaining language that recognizes natural marriage (marriage between one man and one woman.) When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: New Jersey allows no-fault divorce, but still recognizes some fault-based grounds. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is required but may be waived by the court.
Parentage
Mother-Father language: New Mexico parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under New Mexico surrogacy and assisted reproduction laws, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: New Mexico does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Surrogacy falls into a legal grey area in New Mexico, with New Mexico law stating that it is neither legal nor illegal. Pre-birth orders giving legal parentage to commissioning parents before birth are generally granted.
Donor Conception and IVF
Donor conception: Because New Mexico does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to unrelated “intended parents” in cases of donor conception.
Redefinition of infertility and right to IVF: New Mexico does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: New Mexico law treats marriage as a gender-neutral contract rather than recognizing natural marriage (marriage between one man and one woman). When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: New Mexico allows no-fault divorce, but still recognizes some fault-based grounds. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is not required.
Parentage
Mother-Father Language: With few exceptions, New York parentage law replaces terms like “mother” and “father” with gender-neutral language, denying the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under New York surrogacy and assisted reproduction laws, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: New York does not redefine the family to allow more than two parents, although it is worth noting that a district court in New York granted joint custody to three adults in a romantic relationship who were raising a child together.
Surrogacy
Surrogacy: Gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) is legal in New York. Genetic surrogacy (when the surrogate mother is also the genetic mother) falls into a legal grey area, with no laws declaring it legal or illegal. Pre-birth orders granting legal parentage to the commissioning parents before birth are granted.
Assisted Reproductive Technologies
Donor conception: Because New York does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to unrelated “intended parents” in cases of donor conception.
Redefinition of infertility and right to IVF: New York does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: New York has legalized same-sex marriage, rather than maintaining language that recognizes natural marriage (marriage between one man and one woman.) When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: New York allows no-fault divorce, but still recognizes some fault-based grounds. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is not required.
Parentage
Mother-Father language: North Carolina parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: North Carolina does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: While North Carolina does not redefine the family to allow more than two parents, it does have a law allowing custody to be granted to two or more individuals, agencies, or organizations.
Surrogacy
Surrogacy: Surrogacy falls into a legal grey area in North Carolina and is treated as legal because there is no law banning it. Pre-birth orders giving legal parentage to commissioning parents before birth are generally granted.
Donor Conception and IVF
Donor conception: Because North Carolina does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Redefinition of infertility and right to IVF: North Carolina does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: North Carolina recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: North Carolina is a no-fault divorce state and recognizes very limited fault-based grounds for divorce. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is offered but not generally required.
Parentage
Mother-Father language: North Dakota parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under North Dakota surrogacy law, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: North Dakota does not redefine the family to allow more than two parents. However, it does allow a third adult to gain custody if they acted in the role of a “psychological parent,” potentially opening the door to polyparenting—an arrangement that exposes children to the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) is legal in North Dakota, but genetic surrogacy (when the surrogate mother is also the genetic mother) is banned. Pre-birth orders giving legal parentage to commissioning parents before birth are generally granted.
Donor Conception and IVF
Donor conception: Because North Dakota does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the unrelated spouse in cases of donor conception.
Redefinition of infertility and right to IVF: North Dakota does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: North Dakota recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: North Dakota is a no-fault divorce state but still recognizes fault-based grounds. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is not required.
Parentage
Mother-Father language: Ohio parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Ohio surrogacy law, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Ohio does not redefine the family to allow more than two parents. However, it does allow a third adult to seek visitation rights, potentially opening the door to polyparenting—an arrangement that exposes children to the risks and instability of having multiple unrelated adults in the home.
Parentage
Surrogacy: The Ohio Supreme Court allowed gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) in a 2007 ruling. The Court did not address genetic surrogacy (when the surrogate mother is also the genetic mother), leaving it in a legal grey area. Pre-birth orders giving legal parentage to commissioning parents before birth are generally granted.
Donor Conception and IVF
Donor conception: Because Ohio does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Redefinition of infertility and right to IVF: Ohio does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. A recent amendment to the state constitution includes a “right to make and carry out one’s own decisions” on fertility treatment. This could make it difficult for Ohio to protect embryonic children.
Marriage
Natural marriage: Ohio recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Ohio is a no-fault divorce state but still recognizes fault-based grounds for divorce. The waiting period is very short (30 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on minors may be required by the courts, but is not mandatory in all cases.
Parentage
Mother-Father language: Oklahoma parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Oklahoma surrogacy law, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Oklahoma does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) is legal in Oklahoma. Genetic surrogacy (when the surrogate mother is also the genetic mother) is in a legal grey area, with no laws declaring it legal or illegal. Oklahoma grants pre-birth orders giving legal parentage to commissioning parents before birth.
Donor Conception and IVF
Donor conception: Because Oklahoma does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Redefinition of infertility and right to IVF: Oklahoma does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Oklahoma recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Oklahoma is a no-fault divorce state but still recognizes fault-based grounds for divorce. The waiting period is very short (30 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on minors is required in all cases involving minor children.
Parentage
Mother-Father language: Oregon parentage law replaces terms like “mother” and “father” with gender-neutral language, denying the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Oregon’s surrogacy and assisted reproduction laws, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Oregon does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Both gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) and genetic surrogacy (when the surrogate mother is also the genetic mother) are legal in Oregon. The state grants pre-birth orders, granting legal parentage to the commissioning parents before birth.
Donor Conception and IVF
Donor conception: Oregon became the second state to ban sperm and egg donor anonymity in 2025, when it passed a law requiring fertility clinics and gamete banks to maintain registries of donor parents and release identifying information to donor-conceived individuals once they turn 18. Because Oregon does not have laws addressing donation frequency or payment, donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the unrelated spouse in cases of donor conception.
Redefinition of infertility and right to IVF: Oregon does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural Marriage: Oregon’s constitution recognizes natural marriage (marriage between one man and one woman). However, in 2023, the state legalized same-sex marriage. When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Oregon is a no-fault divorce state and recognizes very limited fault-based grounds for divorce. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Some counties require parental education on the impact of divorce on children before finalization, but requirements vary by location.
Parentage
Mother-Father language: Pennsylvania parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: The Pennsylvania Supreme Court established a category of “intent-based parentage” in 2025, allowing an adult to gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Pennsylvania does not have statutes or case law redefining the family to allow more than two parents. However, a third-party who may file for legal or physical custody, potentially opening the door to polyparenting—an arrangement that exposes children to the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) is treated as legal under an unpublished Pennsylvania Supreme Court opinion. The Court did not address genetic surrogacy (when the surrogate mother is also the genetic mother), leaving it in a legal grey area. Pre-birth orders giving legal parentage to commissioning parents before birth are generally granted.
Donor Conception and IVF
Donor conception: Because Pennsylvania does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation.
Redefinition of infertility and right to IVF: Pennsylvania does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Pennsylvania law recognizes natural marriage (marriage between one man and one woman). Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Pennsylvania is a no-fault divorce state but still recognizes fault-based grounds for divorce. The waiting period is short (90 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on minors is required in some counties, but not all.
Parentage
Mother-Father Language: With few exceptions, Rhode Island parentage law replaces terms like “mother” and “father” with gender-neutral language, denying the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Rhode Island’s surrogacy and assisted reproduction laws, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Rhode Island does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Rhode Island allows gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs), and allows genetic surrogacy (when the surrogate mother is also the genetic mother) only when the surrogate mother is entering into an agreement with a relative. Pre-birth orders giving legal parentage to commissioning parents before birth are granted.
Donor Conception and IVF
Donor conception: Rhode Island law allows individuals conceived via sperm and egg donation to request identifying information about their “donor” parents upon turning 18, unless if the parent has opted out of identity disclosure. Because of this carveout, the law actually reinforces sperm and egg donor anonymity in many cases, meaning donor-conceived individuals do not have access to their biological identity or family history. Additionally, donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to unrelated “intended parents” in cases of donor conception.
Redefinition of infertility and right to IVF: Rhode Island does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural Marriage: Same-sex marriage has been legalized in Rhode Island. When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Rhode Island allows no-fault divorce, but still recognizes some fault-based grounds. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is not required.
Parentage
Mother-Father language: South Carolina parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: South Carolina does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: South Carolina does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Surrogacy falls into a legal grey area in South Carolina and is treated as legal because there is no law banning it. Pre-birth orders giving legal parentage to commissioning parents before birth are generally granted.
Donor Conception and IVF
Donor conception: Because South Carolina does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation.
Redefinition of infertility and right to IVF: South Carolina does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural Marriage: South Carolina’s constitution recognizes natural marriage (marriage between one man and one woman). Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: South Carolina law allows no-fault divorce, but also recognizes fault-based grounds. No-fault divorces require a one-year period of separation before filing. Parental education on the impact of divorce on children is not required.
Parentage
Mother-Father language: South Dakota parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: South Dakota does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: South Dakota does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Surrogacy falls into a legal grey area in South Dakota and is treated as legal because there is no law banning it. Pre-birth orders giving legal parentage to commissioning parents before birth are generally granted.
Donor Conception and IVF
Donor conception: Because South Dakota does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation.
Redefinition of infertility and right to IVF: South Dakota does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: South Dakota recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: South Dakota is a no-fault divorce state but still recognizes fault-based grounds for divorce. The waiting period is short (60 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is required in cases involving child custody, but may be waived by the court.
Parentage
Mother-Father language: Tennessee parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Tennessee does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Tennessee does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Surrogacy falls into a legal grey area in Tennessee and is treated as legal because there is no law banning it. Pre-birth orders giving legal parentage to commissioning parents before birth are generally granted.
Donor Conception and IVF
Donor conception: Because Tennessee does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Redefinition of infertility and right to IVF: Tennessee does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. In 2025, Tennessee passed a law declaring IVF to be a “right.” This could make it difficult for Tennessee to protect embryonic children.
Marriage
Natural marriage: Tennessee recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Tennessee is a no-fault divorce state but still recognizes fault-based grounds for divorce. The waiting period is short (90 days in cases involving minor children), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is required in all cases with parents entering into a parenting plan, but this may be waived, and the divorce cannot be denied if one parent fails to attend classes.
Parentage
Mother-Father language: Texas parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Texas surrogacy law, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Texas does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Texas law allows gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) in limited cases, such as when the commissioning mother is physically unable to carry a pregnancy to term. Genetic surrogacy (when the surrogate mother is also the genetic mother) is in a legal grey area, with no laws declaring it legal or illegal. Pre-birth orders giving legal parentage to commissioning parents before birth are granted.
Donor Conception and IVF
Donor conception: Because Texas does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Redefinition of infertility and right to IVF: Texas does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural Marriage: Texas’s constitution recognizes natural marriage (marriage between one man and one woman), as does its statutes. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Texas is a no-fault divorce state but still recognizes fault-based grounds for divorce. The waiting period is short (60 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Courts may require parental education on the impact of divorce on children, but it is not mandatory in all cases.
Parentage
Mother-Father language: Utah parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Utah surrogacy law, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Utah does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Utah law allows gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs). Genetic surrogacy (when the surrogate mother is also the genetic mother) is in a legal grey area, with no laws declaring it legal or illegal. Pre-birth orders giving legal parentage to commissioning parents before birth are granted.
Donor Conception and IVF
Donor conception: Utah law allows individuals conceived via sperm and egg donation to request identifying information about their “donor” parents upon turning 18, unless if the parent has opted out of identity disclosure. Because of this carveout, the law actually reinforces sperm and egg donor anonymity in many cases, meaning donor-conceived individuals do not have access to their biological identity or family history. Additionally, donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Redefinition of infertility and right to IVF: Utah does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Utah recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Utah is a no-fault divorce state but still recognizes fault-based grounds for divorce. The waiting period is very short (30 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is required, but may be waived by the court.
Parentage
Mother-Father Language: With few exceptions, Vermont parentage law replaces terms like “mother” and “father” with gender-neutral language, denying the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Vermont’s surrogacy and assisted reproduction laws, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Vermont law allows courts to determine that a child has more than two legal parents, exposing children to the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Vermont allows gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs), and allows genetic surrogacy (when the surrogate mother is also the genetic mother) when the surrogate mother is entering into an agreement with a relative. Pre-birth orders giving legal parentage to commissioning parents before birth are granted.
Donor Conception and IVF
Donor conception: Because Vermont does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the unrelated spouse in cases of donor conception.
Redefinition of infertility and right to IVF: Vermont does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Vermont’s constitution does not recognize natural marriage as the only valid marriage arrangement. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Vermont allows no-fault divorce, but still recognizes fault-based grounds. The state has a six-month waiting period, providing the opportunity for reflection and reducing “heat of the moment” divorces. Parental education on the impact of divorce on children is required by the courts.
Parentage
Mother-Father language: Virgina parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: While Virginia allows surrogacy, it requires that commissioning parents undergo a home study, meet the “standard of fitness applicable to adoptive parents”, and that there is a genetic relationship between the child and at least one commissioning parent, thus meeting a higher standard for establishing a parent-child relationship than mere intent.
Polyparenting: Virginia does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Virginia law allows surrogacy, but limits it to instances of medical infertility and prohibits payment beyond medical and pregnancy-related expenses. Genetic surrogacy (when the surrogate mother is also the genetic mother) is allowed, but a genetic surrogate may terminate the contract within 180 days of assisted reproduction. Virginia is the only state to ban surrogacy brokers.
Donor Conception and IVF
Donor conception: Because Virginia does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to the unrelated spouse in cases of donor conception.
Redefinition of infertility and right to IVF: Virginia does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural Marriage: Virginia’s constitution recognizes natural marriage (marriage between one man and one woman), but state laws have been rewritten to define marriage as being between “two willing parties.” When marriage is redefined, parentage is also redefined—natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Virginia allows no-fault divorce, but still recognizes fault-based grounds. The state has a six-month waiting period, which is extended to 12 months in cases involving minor children, providing the opportunity for reflection and reducing “heat of the moment” divorces. Parental education on the impact of divorce on children is required in all cases involving contested child custody, child support, or visitation.
Parentage
Mother-Father Language: With few exceptions, Washington parentage law replaces terms like “mother” and “father” with gender-neutral language, denying the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Washington’s surrogacy and assisted reproduction laws, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Washington law allows courts to determine that a child has more than two legal parents, exposing children to the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Both gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) and genetic surrogacy (when the surrogate mother is also the genetic mother) are legal in Washington, and the state grants pre-birth orders, granting legal parentage to the commissioning parents before the birth of the child. Surrogate mothers may withdraw consent up to 72 hours after birth in cases of genetic surrogacy.
Donor Conception and IVF
Donor conception: Washington requires fertility clinics and sperm and egg banks to make a “good faith effort” to provide identifying information about their “donor” parents to donor-conceived individuals upon turning 18, unless if the parent has opted out of identity disclosure. Because of this carveout, the law actually reinforces sperm and egg donor anonymity in many cases, meaning donor-conceived individuals do not have access to their biological identity or family history. Additionally, donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to unrelated “intended parents” in cases of donor conception.
Redefinition of infertility and right to IVF: Washington does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It declares “reproductive healthcare services,” including assisted reproductive technologies, to be “protected healthcare.” This could prevent the state from protecting embryonic children.
Marriage
Divorce: Washington is a no-fault divorce state and does not recognize fault-based grounds for divorce. The waiting period is short (90 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is required.
Parentage
Mother-Father language: West Virginia parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: West Virginia does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: West Virginia does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Surrogacy falls into a legal grey area in West Virginia and is treated as legal because there is no law banning it. Pre-birth orders giving legal parentage to commissioning parents before birth are generally granted.
Donor Conception and IVF
Donor conception: Because West Virginia does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because parentage is automatically granted to unrelated “intended parents” in cases of donor conception.
Redefinition of infertility and right to IVF: West Virginia does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Divorce
Natural marriage: West Virginia law recognizes natural marriage (marriage between one man and one woman). Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: West Virginia allows no-fault divorce, but still recognizes some fault-based grounds. There is no required waiting period, limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children is required, but may be waived by the court.
Parentage
Mother-Father language: Wisconsin parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Wisconsin does not have law or case law that establishes parentage on the basis of “intent.” Intent-based parentage typically appears in the context of assisted reproductive technologies and allows adults to legally establish a parent-child relationship with a biologically unrelated child without undergoing the adoption process.
Polyparenting: Wisconsin does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: The Wisconsin Supreme Court upheld a genetic surrogacy contract (when the surrogate mother is also the genetic mother), and gestational surrogacy (using the commissioning parents’ sperm and eggs or donor sperm and eggs) is implicitly allowed. Pre-birth orders granting legal parentage to commissioning parents are generally granted but must be finalized after birth.
Donor Conception and IVF
Donor conception: Because Wisconsin does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Redefinition of infertility and right to IVF: Wisconsin does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Wisconsin recognizes natural marriage (marriage between one man and one woman) in its constitution and laws. Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Wisconsin is a no-fault divorce state and does not accept fault-based grounds. The waiting period is short (120 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children may be required by the court but is not mandatory in all cases.
Parentage
Mother-Father language: Wyoming parentage law maintains language that refers to mothers and fathers, recognizing the biological reality that every child naturally has a mother and a father.
Intent-based parentage: Under Wyoming assisted reproduction law, parentage may be established on the basis of intent. This means that an adult may gain full parental rights without any biological relationship to the child or any background check.
Polyparenting: Wyoming does not redefine the family to allow more than two parents, protecting children from the risks and instability of having multiple unrelated adults in the home.
Surrogacy
Surrogacy: Surrogacy agreements are unenforceable under Wyoming law, but the state still provides a process for granting parentage to commissioning parents at birth.
Donor Conception and IVF
Donor conception: Because Wyoming does not have any laws addressing sperm and egg donation, donor-conceived individuals do not have access to their biological identity or family history. Donor-conceived children may have dozens or even hundreds of unknown half-siblings, and “donor” parents are allowed to sell their parental rights through gamete donation. The child’s birth certificate will not reflect their true parentage because the mother’s husband will automatically be granted parentage.
Redefinition of infertility and right to IVF: Wyoming does not redefine infertility to include so-called “social infertility”, which defines non-procreative relationships such as same-sex couples and single individuals as “infertile” based on lifestyle choices rather than medical conditions. It also does not have any laws declaring IVF to be a “right—which would limit the state’s ability to protect embryonic children.
Marriage
Natural marriage: Wyoming law recognizes natural marriage (marriage between one man and one woman). Natural marriage protects a child’s relationship with the two adults from whom he came.
Divorce: Wyoming is a no-fault divorce state and does not accept fault-based grounds. The waiting period is very short (20 days), limiting opportunities for reconciliation and fast-tracking upheaval for the children involved. Parental education on the impact of divorce on children may be required by the court but is not mandatory in all cases.
Voices of the Victims
When laws and policies are rewritten to accomodate the desires of adults rather than the rights and needs of children, we are not simply talking about bad ideas. These changes are dangerous, and they have real victims. At Them Before Us, we are committed to giving those victims a voice and ensuring that their stories are heard. Children deserve justice, and those who would deny them justice in the name of kindness to adults must be willing to take a clear-eyed look at the consequences of their policies.
Kat Quire was commissioned via genetic surrogacy and sperm donation by a known child abuser and sexual predator who had already lost custody of another child he had commissioned. Throughout her early life, he abused and trafficked her. In the three decades since then, her home state has done nothing to prevent other sexual predators from obtaining parental rights on the basis of contracts and “intent.”
Less than a decade after being fired from the school he worked at and facing felony charges for child pornography and soliciting a minor, Brandon Riley Mitchell launched a GoFundMe with his partner to raise money for commissioning a child via surrogacy. Mitchell’s identity and past were exposed in August 2025 when a video of him and his partner celebrating the commissioned child’s first birthday went viral. Although he would never be eligible to adopt, Mitchell was able to obtain parental rights on the basis of contracts and intent.
“I lived it as an abandonment. I feel as if I was abandoned by my birth mother… as I was sold. There’s nothing worse than for a child to feel that at one moment in my life I was literally sold for a check.”
– Olivia, child of genetic surrogacy
“When you know that a huge part of the reason that you came into the world is due solely to a paycheck, and that after being paid you are disposable, given away and never thought of again, it impacts how you view yourself.”
– Jessica, child of surrogacy
“When you exchange something for money it is called a commodity. Babies are not commodities. Babies are human beings. How do you think this makes us feel to know that there was money exchanged for us?”
– Brian, child of surrogacy
“We, the donor-conceived, are being denied some pretty basic human rights. We are commodified, existing only because our biological parent was willing to sell genetic material in order to make someone else a parent… We are at the mercy of the adults who created us as to whether they even tell us that we aren’t biologically related to them. We are denied medical family histories, histories that might one day save our lives, as well as genealogical histories that would help us piece together our identities. Donor conception has caused this donor-conceived person enough grief that I actively speak out against any donor conception to friends considering this route as a way to solve their own infertility grief. It doesn’t resolve the grief, but rather passes that pain on to the next generation by denying them access to their missing biological family.”
– Ellie, donor conceived
“The practice of 'donor conception' left me with this tangible feeling of the ground constantly shifting under my feet, a never ending stream of trust issues and a lost kinship with the first male role model in my young adult life.”
– Nicholas, donor conceived
“As a ‘donor,’ you are intentionally separating your child from his or her father or mother in the most formative years of life, whether for money or for altruistic intentions. You are entrusting your child to the hands of people unknown to your baby. This is not in keeping with the protective nature of parenting. This makes donor conception unlike adoption, in which adults are trying to remedy a situation for a child in need by providing a stable home life, even though that home life is separated from their biological relatives.”
– Kathryn, donor conceived
“The divorce and the moves really pounded into me that getting close to people, and allowing them to get close to me, was a fool’s errand. I struggle now with friendships, with allowing anyone to be close to me, even my new wife. I try but there is always this lingering anxiousness about things like: When will they leave? How will they use what they know to hurt me? When will they find out that I am not that great of a person and want to be apart from me?”
– Adam, child of divorce
“By textbook standards, other kids would say that I was “spoiled” because I had two rooms all to myself in two different houses, and on Christmas I visited each house and got to open presents at each location. I, on the other hand, recall longing for a family that I never felt I ever had-even as a very young child. I remember feeling very lonely as an only-child of divorced parents and longing for a single family in one home together and feeling very jealous of kids who had one home and just two parents instead of four and wishing I felt loved and possibly enjoying the company of siblings that I would never have.”
– Christina, child of divorce
“My mom had just made my sister and I our favorite cinnamon roll breakfast before she and my dad sat us down at the bottom of our stairs and shared they were divorcing. I was 7, my sister 6, and I remember understanding things were sad because my mom cried… The divorce has shaped every aspect of my life. I struggled to commit and trust in relationships, fearing I’d be left. Making everyday decisions trying to please both families even into adulthood; wrestling with who would walk me down the aisle when I got married, how to split time to please everyone at holidays, and to explain it all to my own children.”
– Faye, child of divorce
“I grew up in a household with my father, mother, and another woman. I hated seeing my dad kiss another woman in front of me. It would anger me to see my own dad with someone else who was not my mom. But at such a young age–like those of the children in this household–I didn’t know how to react or voice my discomfort. I never told anyone how I felt because I didn’t feel it was my place to do so. It took me well over fifteen years to reflect on the household structure in which I grew up, and understand how it affected me…Before we declare that the “throuple” is the future of relationships and parenting, let’s wait for these kids to grow up so they can speak for themselves. I’d wager that the children’s perspective on the “throuple” will not be as positive as the adults.”
– James, raised in a polyamorous home
FAQs
What is the Children’s Rights Scoresheet?
The Children’s Rights Scorecard grades all 50 states and the District of Columbia on how well they do (or don’t) protect children’s rights in the family.
What categories are states being scored on?
We scored states on laws that affect children’s rights to their own mother and father through parentage, assisted reproductive technologies, and marriage. For a more detailed breakdown of each of these categories, click on “Our Criteria” on the home page. Our report, “Children’s Rights Across the States” also explains each category and why it’s important for children’s rights.
Which state scored the highest and which scored the lowest?
Nebraska scored the highest with an A-, and Washington, D.C. scored the lowest with an F.
Check out every state’s score and ranking.
Why did you score states on whether they protect natural marriage? Isn’t that irrelevant under Obergefell?
The government didn’t create marriage to validate adult relationships; it recognizes marriage because it has an interest in child well-being. Obergefell put adult desires before children’s rights. When states recognize natural marriage instead of redefining it, they show that they understand that marriage law exists to bind children to their mother and father and bind mothers and fathers to the children they create.
Where can I find your scoring rubric?
Our scoring rubric can be found in the full report on Children’s Rights Across the States, downloadable here.
How can my state improve its score?
By passing pro-child laws! Please use the contact form to get in touch with our team and receive our policy recommendations. These are designed to help legislators, state-level policy organizations, and individuals advocate for reforms that put children first.
Who created this scoresheet?
The Children’s Rights Scoresheet is a project of Them Before Us, an organization committed to defending children’s rights in the family. You can learn more about Them Before Us here.
It looks like there are some categories where every state did poorly. Why score them?
While some categories, like donor conception, have a high number of states that are failing to protect children’s rights, every scoring criterion has at least one state with child-protective laws, showing that child-centric reforms are possible. Through these scores, our scorecard highlights specific areas where states have the opportunity to strengthen protections for children’s rights—as well as the urgency of protectingg those rights.
I live in a conservative state, and I see that it scored poorly – why is that?
Our scoring rubric is not based on partisanship, but on how well each state’s laws protect children’s rights in the family. Unfortunately, many states have accepted practices that undermine children’s rights. The goal of this scorecard is to help states understand how their laws are affecting kids and how they can be improved, regardless of whether it is a red or blue state.
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