In this group of states, surrogacy arrangements are allowed and regulated under the law of each state.

Some are particularly favorable because all family types are welcome. Moreover, intended parents obtain automatically a pre-birth order, irrespective of their marital status, sexual orientation or genetic link. It is the case of California, Connecticut, Delaware, Maine, Nevada, New Hampshire, and Washington DC.

Others, in spite of being included in this group, are less lax. Some require prospective parents to be married in order for their names to be put on the birth order. Arkansas, Florida, Illinois, North Dakota, Texas, Utah, and West Virginia are some examples.

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