Surrogacy can be difficult in many parts of the world. France and Germany have banned it, and the Vatican prohibits surrogate motherhood - even for straight couples - saying that reproductive technology tempts man "to go beyond the limits of a reasonable dominion over nature." While the U.S. is more progressive than some other countries, many states still prohibit surrogacy for gays and lesbians.

The District of Columbia and 11 states have banned surrogacy agreements either completely or in certain cases. D.C. and Florida prohibit surrogacy for all unmarried couples. Florida - known for banning adoption for gay and lesbian parents - does not support surrogacy for gays and lesbians either. Florida state law allows gestational and traditional surrogacy, but not for unmarried same-sex couples.

Also, Florida considers surrogacy arrangements preplanned adoption agreements, and the state currently connects those contracts to state adoption law.

Each U.S. state law is slightly different. Indiana and Louisiana prohibit traditional surrogacy; Michigan and Nebraska prohibit compensated surrogacy agreements; Nevada, New York, North Dakota, Texas, Utah and Virginia prohibit surrogacy for all unmarried couples. NY state law considers any surrogacy agreement void and unenforceable (same for Utah and Indiana). Illinois law permits gestational surrogacy but does not refer to traditional surrogacy. Virginia has a similar rule. Alaska's law does not mention surrogacy so details are not understood in that state. Arizona law prohibits both traditional - in which the surrogate mother is the biological contributor of the egg; and gestational - in which the surrogate mother is not the biological contributor of the egg. California does not have a law regarding surrogacy, and many gay and lesbian couples have successfully started a family via surrogate in that state. CA courts have regularly honored surrogacy contracts. Connecticut courts have ruled in favor of surrogacy, even though there is no law on it.

The remaining states have mixed or unclear laws.