As explained earlier, there is no general law or policy governing surrogacy in the country. Instead, it varies from state to state, that is, each US state has its own body of legal regulations governing surrogacy arrangements. For this reason, some have a law or statute that permits it, while others are just surrogacy-friendly, without any law that prohibits or allows it, and a third group forbids its practice.
One should keep in mind that the US is a common law country, which means that previous rulings guide future rulings.
Read the full article on: Surrogacy in the USA – Is It Legal in All 50 States? ( 43).