A traditional surrogate is the baby's biological mother. That's because it was her egg that was fertilized by the father's sperm. Donor sperm can also be used.

The surrogate then carries the baby until birth. She doesn't have any genetic ties to the child because it wasn't her egg that was used.

A gestational surrogate is called the "birth mother." The biological mother, though, is still the woman whose egg was fertilized.

States in that category include Washington D.C., Michigan, Nebraska, and New York, which have statutes that make surrogacy contracts void and unenforceable.  Additionally, New Jersey courts have been unfavorable to surrogacy in the past, making the Garden State an unsafe option for surrogacy. Finally, Washington State prohibits any form of compensation, so gestational surrogacy arrangements are all but impossible there.

Some of these states merely make surrogacy agreements unenforceable. In other words, if an arrangement were challenged in a court, the terms of the agreement would not necessarily hold. Others go further, and establish civil or criminal penalties for participating in a surrogacy arrangement. In short, the risk is not worth it.