Surrogate Mother Laws by State: Complete Legal Guide 2026

Understanding surrogate mother laws by state is one of the most critical steps any woman can take before entering a surrogacy arrangement. As a reproductive law attorney who has guided hundreds of gestational carriers through the legal process, I can tell you that the legal landscape varies dramatically depending on where the surrogacy takes place. What is perfectly legal in California may expose a surrogate mother to significant risk in Michigan. This guide breaks down the surrogate mother laws by state so that every prospective carrier can make an informed decision about her legal standing, her parental rights, and her contractual protections.

Surrogacy laws in the United States are not governed by a single federal statute. Instead, each state has developed its own framework — or lack thereof — for how surrogacy is regulated. Some states have enacted statutes that explicitly protect gestational carriers. Other states rely on case law or have no surrogacy legal framework at all, leaving women in a precarious position. A surrogate mother who begins her journey without understanding the applicable laws is taking an unnecessary and avoidable risk.

This guide covers the legal environment across the country, addresses surrogate mother parental rights, explains how surrogacy contracts function, examines whether commercial surrogacy is legal, identifies which states ban surrogacy outright, and explains the legal protections every gestational carrier should demand. Whether you are a first-time applicant or an experienced carrier, this legal overview will equip you with the knowledge you need before signing any agreement.

Surrogacy-Friendly States for Surrogate Mothers

The following table summarizes the states that are most favorable for a surrogate mother, based on statutory protections, enforceability of surrogacy contracts, and availability of pre-birth parentage orders.

State Gestational Surrogacy Legal? Pre-Birth Order Available? Contract Enforceable? Compensated Surrogacy Allowed?
California Yes (by statute) Yes Yes Yes
Connecticut Yes (by statute) Yes Yes Yes
Delaware Yes (by statute) Yes Yes Yes
Maine Yes (by statute) Yes Yes Yes
Nevada Yes (by statute) Yes Yes Yes
New Hampshire Yes (by statute) Yes Yes Yes
Oregon Yes (by practice) Yes Yes Yes
Texas Yes (by statute) Varies by county Yes Yes
Utah Yes (by statute) Yes Yes Yes
Washington Yes (by statute, 2019) Yes Yes Yes
Illinois Yes (by statute) Yes Yes Yes
Colorado Yes (by statute, 2024) Yes Yes Yes
Maryland Yes (by statute) Yes Yes Yes
Vermont Yes (by statute) Yes Yes Yes

These surrogacy friendly states provide the strongest surrogate mother legal protections in the country. In California, for example, a surrogate mother benefits from statutes that have been tested and upheld in court for decades. She can rely on a pre-birth parentage order that establishes the intended parents as the legal parents before the child is even born, which means her name never appears on the birth certificate unless she is also the genetic parent.

Illinois enacted its Gestational Surrogacy Act specifically to protect both carriers and intended parents. Under Illinois law, the gestational carrier must have independent legal counsel, must have completed at least one successful pregnancy, and must undergo psychological screening. These requirements exist not to burden applicants but to ensure every woman enters the arrangement with full knowledge and consent.

Washington State reformed its surrogacy laws in 2019, replacing an outright ban on compensated surrogacy with a statutory framework that allows fair compensation while providing robust protections. A surrogate mother in Washington now has statutory safeguards that rival those in California, including enforceable gestational carrier agreements and access to pre-birth parentage orders.

Connecticut and Nevada are also highly favorable jurisdictions. Both states allow pre-birth parentage orders, enforce surrogacy contracts, and permit compensated surrogacy. A surrogate mother in either state can proceed with confidence that her legal rights are well-defined and protected under state law.

Colorado joined the list of surrogacy friendly states in 2024 with the passage of its own gestational surrogacy statute, adding another option for any woman seeking strong legal protections. Maryland and Vermont round out the list, both offering statutory frameworks that clearly define the surrogate mother’s rights and obligations.

The practical significance of being in a surrogacy friendly state cannot be overstated. When a surrogate mother delivers in one of these jurisdictions, the parentage process is predictable, the contract is enforceable, and the legal fees are typically lower because attorneys do not have to litigate novel legal questions.

It is also worth noting that surrogacy friendly states tend to attract more intended parents, which means a surrogate mother in one of these states will have a wider pool of prospective matches. Agencies operating in California, Illinois, and Connecticut report shorter wait times for matching, which benefits the surrogate mother by allowing her to begin the medical process sooner. The surrogate mother laws by state in these jurisdictions create a legal environment that gives all parties confidence to proceed efficiently.

For a surrogate mother who lives near the border of two states, the choice of delivery state can make a significant legal difference. A surrogate mother in the Chicago suburbs, for example, benefits from Illinois law if she delivers in the state. A surrogate mother living just across the border in Indiana would face a much less certain legal process. Understanding the surrogate mother laws by state in neighboring jurisdictions is essential for carriers in border regions.

States That Restrict Surrogate Mothers

Not every state welcomes gestational carriers. Several states impose restrictions that make surrogacy difficult, legally uncertain, or outright illegal.

Louisiana permits gestational surrogacy but only for married heterosexual couples, and the carrier must use donated embryos rather than serving as a traditional surrogate mother. The legal framework in Louisiana leaves gaps that can create uncertainty for both the carrier and the intended parents. A surrogate mother in Louisiana faces stricter requirements than in most other states.

Michigan maintains one of the harshest anti-surrogacy statutes in the country. Under Michigan law, compensated surrogacy contracts are void and unenforceable. A surrogate mother who enters a paid arrangement could face criminal penalties, including fines and potential imprisonment. Anyone considering working with intended parents in Michigan must understand that the state treats surrogacy contracts as against public policy.

New York underwent a major transformation when it legalized gestational surrogacy in 2021 after decades of prohibition. Before the Child-Parent Security Act, a surrogate mother in New York faced the same criminal penalties as in Michigan. Today, gestational surrogacy is legal, but the statute imposes specific requirements on both parties, including mandatory independent legal representation for the carrier.

Nebraska has historically been unfriendly to gestational carriers, with statutes that do not explicitly address surrogacy but make enforcement of agreements uncertain. A surrogate mother in Nebraska operates in a legal gray area where her rights are not clearly protected by statute.

Indiana does not have a surrogacy statute, and case law is limited. A surrogate mother in Indiana may face challenges obtaining a pre-birth parentage order, depending on the county and the judge. This lack of clarity means the carrier must rely heavily on the strength of her surrogacy contract and the willingness of local courts to enforce it.

Arizona has a complicated history. A 1994 statute originally voided all surrogacy contracts, but subsequent legislative amendments have softened the state’s stance. As of 2026, a surrogate mother in Arizona can enter a gestational surrogacy arrangement under certain conditions, but traditional surrogacy remains legally uncertain. Independent legal counsel is essential for any carrier in Arizona.

North Dakota does not have a surrogacy statute, and the state’s parentage laws do not clearly accommodate gestational surrogacy arrangements. A surrogate mother in North Dakota faces uncertainty about her legal status and the enforceability of her contract. Legal protections for carriers in this state are minimal.

Idaho presents challenges because the state has no surrogacy-specific legislation. The carrier must rely on general contract law and the willingness of the court to issue a parentage order. Any surrogate mother in Idaho should expect a more complex and potentially more expensive legal process.

Florida permits gestational surrogacy and has statutory provisions that address the carrier’s rights, but the state law imposes certain limitations on who can serve as a surrogate mother and who can be an intended parent. Florida’s statute requires that at least one intended parent be genetically related to the child, which can affect the viability of the arrangement. A surrogate mother in Florida should confirm that the intended parents meet the state’s requirements before entering the contract.

Kansas, Alabama, and Mississippi do not have surrogacy-specific statutes. In each of these states, a surrogate mother must rely on general family law and the discretion of individual judges. The absence of clear surrogate mother laws by state in these jurisdictions creates unpredictability that increases legal costs and risk for both parties.

Georgia does not have a surrogacy statute, but courts in the state have generally been willing to grant parentage orders for gestational surrogacy arrangements. A surrogate mother in Georgia can expect a workable legal process, but the lack of statutory guidance means that outcomes can vary depending on the county. The surrogate mother laws by state situation in Georgia illustrates how even relatively receptive states can leave carriers without the certainty that a statute would provide.

The overall pattern across states that restrict surrogate mothers is one of legal ambiguity rather than outright prohibition. With the exception of Michigan, most restrictive states do not criminalize surrogacy but simply fail to provide clear legal protections. For a surrogate mother considering an arrangement in one of these states, the most important step is retaining an experienced reproductive law attorney who knows the local courts and can navigate the gray areas.

Surrogate Mother Parental Rights

One of the most common questions I receive is whether a surrogate mother has parental rights over the child she carries. The answer depends entirely on the type of surrogacy and the jurisdiction, and it is a question every prospective carrier must resolve before the pregnancy begins.

In gestational surrogacy, the carrier has no genetic connection to the child. The embryo is created using the egg of the intended mother or an egg donor and the sperm of the intended father or a sperm donor. Because the surrogate mother shares no DNA with the child, most states hold that she does not have parental rights. The law treats the intended parents as the legal parents from the outset — or at least from the time a parentage order is issued.

In traditional surrogacy, the surrogate mother is also the genetic parent of the child. Her egg is used in the conception, which means she has a biological claim to parentage. Traditional surrogacy creates significantly more legal complexity because the surrogate mother parental rights in this scenario are much harder to terminate. Some states refuse to enforce traditional surrogacy agreements specifically because of this genetic connection.

The question of whether surrogate mothers have parental rights — do surrogate mothers have parental rights — is not merely academic. If a dispute arises, the surrogate mother parental rights question can lead to extended litigation. In the famous Baby M case in New Jersey, the court ultimately held that the traditional carrier did have parental rights because she was the genetic parent. That case established precedent that continues to influence surrogate mother laws by state to this day.

For any surrogate mother entering a gestational surrogacy arrangement in a state with clear statutory protections, the parental rights issue is largely resolved before the pregnancy begins. The surrogacy contract will contain provisions in which the carrier acknowledges that she has no parental rights, and the parentage order will legally establish the intended parents as the child’s parents.

Every carrier should insist on having her own independent attorney review the surrogate mother parental rights provisions of the surrogacy contract. No one should sign an agreement without fully understanding her surrogate mother rights under the applicable state law. The attorney will explain whether the state recognizes the carrier’s relinquishment of parental rights and what legal mechanism is used to effectuate the transfer of parentage.

In states where surrogacy legal precedent is limited, the parental rights question becomes more uncertain. A surrogate mother in a state without clear surrogacy by state guidelines may retain parental rights on the birth certificate until a court issues a post-birth order. This period of uncertainty is one of the reasons I recommend that carriers deliver in a surrogacy friendly state whenever possible.

Pre-Birth vs Post-Birth Parentage Orders

The mechanism by which intended parents are recognized as the legal parents of the child born through surrogacy is the parentage order. There are two types: pre-birth parentage orders and post-birth parentage orders. The type available depends on the state where the birth takes place, and every surrogate mother should understand both before signing her contract.

A pre-birth parentage order is issued by a court before the child is born. This order establishes the intended parents as the legal parents and directs the hospital to list them on the birth certificate. For the surrogate mother, a pre-birth parentage order is the gold standard of legal protections because it resolves the parentage question before delivery. The carrier does not appear on the birth certificate, and there is no period of legal ambiguity after the birth.

States that routinely grant pre-birth parentage orders include California, Illinois, Connecticut, Nevada, Oregon, Washington, and several others listed in the table above. In these states, the carrier and the intended parents typically file a joint petition with the court during the second trimester, and the order is issued well before the due date.

A post-birth parentage order is issued after the child is born. In states that require post-birth orders, the surrogate mother may temporarily appear on the birth certificate as the legal parent. The intended parents must then petition the court to amend the birth certificate and establish their legal parentage. This process can take weeks or even months, during which the carrier technically remains the legal parent on paper.

For the surrogate mother, the distinction matters enormously. A carrier who gives birth in a state that only allows post-birth orders may face a brief period where she has legal responsibilities for the child, even though she has no intention of parenting. This can create complications with hospital policies, insurance, and medical decision-making.

Some states fall in between. Texas, for example, allows pre-birth parentage orders in some counties but not others. A surrogate mother in Harris County (Houston) may have a different legal process than a carrier in a rural Texas county. This inconsistency within a single state illustrates why understanding surrogate mother laws by state — and sometimes by county — is so important.

I advise every surrogate mother to confirm, before signing any contract, whether a pre-birth parentage order is available in the state where she plans to deliver. If only a post-birth order is available, the surrogacy contract should contain detailed provisions about what happens during the interim period. The attorney should explain whether the carrier will need to sign consent forms at the hospital, whether her name will appear on the initial birth certificate, and how long the post-birth parentage order process will take.

Beyond parentage orders, the surrogate mother legal protections available to carriers encompass a range of contractual, statutory, and constitutional safeguards. Understanding these protections is essential for every prospective carrier.

Independent Legal Counsel. Most surrogacy friendly states require that the carrier have her own attorney, paid for by the intended parents. This requirement ensures that the surrogate mother’s interests are independently represented. Her attorney reviews the surrogacy contract, explains her rights, and negotiates terms on her behalf. No carrier should proceed without independent legal representation, even in states where it is not legally mandated.

Right to Make Medical Decisions. A fundamental surrogate mother legal protection is the right to make her own medical decisions during the pregnancy. While the surrogacy contract may include provisions about prenatal care, diet, and activity restrictions, the carrier retains ultimate authority over her own body. No contract can legally compel her to undergo a specific medical procedure, including a cesarean section, against her will. This protection flows from constitutional principles of bodily autonomy.

Health Insurance and Medical Coverage. The surrogate mother legal protections in a well-drafted contract include provisions for health insurance coverage throughout the pregnancy and for a defined period after delivery. If the carrier’s existing insurance policy excludes surrogacy — as many do — the intended parents are typically required to obtain a surrogacy-specific policy.

Life Insurance. Pregnancy carries inherent medical risks, and responsible surrogacy arrangements include a life insurance policy for the carrier. This surrogate mother legal protection ensures that the carrier’s family is financially protected in the unlikely event of a catastrophic complication. Most contracts require the intended parents to maintain this policy throughout the pregnancy.

Psychological Screening and Counseling. Many states require psychological screening before the arrangement begins. Additionally, the carrier should have access to counseling throughout the pregnancy and after delivery. These protections recognize the emotional complexity of carrying a child for another family.

Termination Provisions. The contract should address what happens if the surrogacy arrangement is terminated before delivery. A well-drafted contract will specify the carrier’s compensation in the event of termination, whether she can terminate the contract, and what obligations survive termination.

Anti-Discrimination Protections. In some states, surrogate mother legal protections extend to employment-related safeguards. A carrier cannot be fired or discriminated against based on her pregnancy, even though the pregnancy results from a surrogacy arrangement. Federal pregnancy discrimination laws apply regardless of the reason for the pregnancy.

Surrogacy Contracts: What Every Surrogate Mother Must Know

The surrogacy contract is the foundational legal document governing the relationship between the carrier and the intended parents. Understanding the key provisions is essential, and surrogacy contracts are legally binding agreements that define both parties’ obligations, rights, and financial terms.

Compensation Terms. The contract must clearly state the total compensation, including the base fee, monthly allowances, and additional payments for specific events such as a cesarean delivery, bed rest, or multiple pregnancies. The surrogate mother should know exactly how much she will be paid, when payments will be made, and what conditions trigger each payment.

Expense Reimbursement. Beyond base compensation, the contract should detail which expenses the intended parents will reimburse. A surrogate mother typically receives reimbursement for maternity clothing, travel to medical appointments, childcare during appointments, lost wages, and legal fees. The contract should itemize these expenses so there is no ambiguity.

Medical Procedures. The surrogacy contract will outline the medical procedures involved, including embryo transfer protocols, prenatal care schedules, and delivery preferences. While the carrier retains the right to make her own medical decisions, the contract typically sets expectations about the number of embryo transfers she will attempt, the medical facility where she will deliver, and her obligations regarding prenatal care.

Selective Reduction and Termination. One of the most sensitive provisions addresses selective reduction in the case of multiple pregnancies and termination of pregnancy due to medical complications or fetal abnormalities. These scenarios must be discussed before they arise. The surrogate mother’s personal beliefs and boundaries must be clearly documented. No carrier should sign a contract that contains provisions she is uncomfortable with on these issues.

Confidentiality. Many surrogacy contracts include confidentiality provisions. The surrogate mother should understand the scope of these restrictions and ensure they are reasonable.

Breach and Remedies. The contract should specify what constitutes a breach by either party and what remedies are available. If the intended parents fail to make payments, the carrier needs a clear legal remedy. If the surrogate mother violates material terms, the intended parents need recourse. A well-drafted contract protects both sides.

No carrier should ever sign a surrogacy contract without having her own attorney review the document. Surrogacy contracts are complex legal instruments. The cost of independent counsel is almost always paid by the intended parents.

The enforceability of surrogacy contracts varies based on the surrogate mother laws by state. In states like California and Illinois, a properly executed surrogacy contract is treated with the same legal weight as any other binding agreement. In states without specific surrogacy statutes, the contract is still valuable as evidence of the parties’ intentions, but it may not be independently enforceable in court. A surrogate mother should always know the enforceability status of her contract before signing, which is another reason independent legal counsel is indispensable.

The question of whether commercial surrogacy is legal depends entirely on the state. Commercial surrogacy refers to arrangements in which the surrogate mother receives compensation beyond reimbursement of expenses — in other words, she is paid a fee for her services.

In surrogacy friendly states like California, Illinois, Connecticut, and Nevada, commercial surrogacy is fully legal. A surrogate mother can receive a base compensation fee that typically ranges from $45,000 to $80,000 or more depending on experience, location, and the specific terms of the contract. These states recognize that carriers provide a valuable service and deserve fair compensation. Is surrogacy legal in these jurisdictions? Absolutely, and is commercial surrogacy legal there? Without reservation, yes.

In other states, commercial surrogacy is either illegal or legally ambiguous. Michigan criminalizes compensated surrogacy arrangements. A surrogate mother who receives payment beyond expenses in Michigan could face criminal penalties. Louisiana restricts compensated surrogacy to certain types of arrangements and intended parents.

The distinction between compensated and altruistic surrogacy is legally significant. In altruistic surrogacy, the carrier receives reimbursement for pregnancy-related expenses but no additional compensation. Several states that prohibit commercial surrogacy still allow altruistic arrangements, meaning the surrogate mother can be reimbursed for medical costs, maternity clothing, lost wages, and travel but cannot receive a base fee.

I advise every prospective carrier to confirm that the type of compensation she expects is legal in the state where the surrogacy will take place. A surrogate mother who enters a compensated arrangement in a state that prohibits commercial surrogacy may find that her contract is void and unenforceable, leaving her without legal recourse if the intended parents fail to pay.

The legality of commercial surrogacy has been the subject of ongoing legislative debate. Several states have moved toward making surrogacy legal and compensable in recent years, reflecting a growing recognition that carriers should be fairly compensated for the physical, emotional, and time demands of pregnancy. This trend benefits every surrogate mother by expanding her options and strengthening her legal protections.

Which States Ban Surrogacy?

As of 2026, very few states maintain an outright ban on all forms of surrogacy. The states that historically banned surrogacy have, in many cases, reformed their laws to permit at least gestational surrogacy under regulated conditions. But the question remains relevant: which states ban surrogacy?

Michigan remains the most notable state where carriers face legal barriers. Michigan law makes it a crime to enter a compensated surrogacy contract. A surrogate mother can technically participate in an altruistic arrangement, but even these are legally uncertain because Michigan courts have not consistently recognized them.

Louisiana does not ban surrogacy outright but restricts it significantly. Only gestational surrogacy is permitted, and only for married heterosexual couples. A surrogate mother who wishes to work with unmarried or same-sex intended parents will find the surrogacy legal framework does not support her arrangement.

Other states that have historically been hostile to surrogacy — including New York, Washington, and New Jersey — have reformed their laws in recent years. New York legalized gestational surrogacy in 2021, Washington did so in 2019, and New Jersey’s courts have increasingly recognized gestational surrogacy agreements. These reforms have expanded the options available to carriers in those states.

States without any surrogacy statute present a different challenge. In these jurisdictions, the carrier operates in a legal gray area where the enforceability of her contract depends on judicial interpretation rather than clear statutory authority. A surrogate mother in such a state should work with an experienced reproductive law attorney who understands the local court system and can advise on the likely outcome of any parentage petition.

The trend across the United States is clearly toward greater acceptance and regulation. More states are answering the question of is surrogacy legal with affirmative legislation. This is good news for every surrogate mother, as it means more jurisdictions are developing legal frameworks that protect her rights, enforce her contract, and provide clear pathways to establishing the intended parents’ legal parentage.

For women researching surrogate mother laws by state, I recommend starting with the state where you plan to deliver, since that is the jurisdiction whose laws will govern the parentage order. If you live in a state without clear surrogacy protections, consider whether delivering in a neighboring surrogacy friendly state is feasible. Many surrogate mothers travel to a more favorable jurisdiction for the delivery specifically to take advantage of stronger legal protections and pre-birth parentage orders. The surrogate mother laws by state are complex, but with the right legal guidance, you can structure an arrangement that protects your rights regardless of where you live. The key is to never assume that the laws in your home state are the same as the laws in the delivery state — always verify the specific surrogate mother laws by state before signing any agreement.

Frequently Asked Questions

Do surrogate mothers have parental rights?

In gestational surrogacy, the surrogate mother generally does not have parental rights because she has no genetic connection to the child. The parental rights question is addressed in the surrogacy contract and confirmed through a parentage order. In traditional surrogacy, the carrier does have a genetic connection and may have parental rights that are much harder to relinquish. Every prospective surrogate mother should understand her parental rights status under the laws of her specific state before entering any arrangement.

What are the surrogate mother laws by state in California?

California is widely regarded as the most favorable state for carriers. California law explicitly authorizes gestational surrogacy, enforces surrogacy contracts, permits compensated surrogacy, and allows pre-birth parentage orders. A surrogate mother in California benefits from decades of established case law and statutory protections. California’s framework is the model many other states have followed when drafting their own surrogacy legislation.

Can a surrogate mother keep the baby?

In gestational surrogacy with a valid surrogacy contract and parentage order, a surrogate mother cannot legally keep the baby. The parentage order establishes the intended parents as the legal parents, and the carrier has no legal claim to the child. In traditional surrogacy, the legal situation is more complex because the carrier is the genetic parent. Any surrogate mother concerned about this question should discuss it thoroughly with her independent attorney.

How enforceable are surrogacy contracts for a surrogate mother?

The enforceability of surrogacy contracts depends on the state. In surrogacy friendly states like California, Illinois, and Connecticut, contracts are fully enforceable, meaning both parties can rely on the terms. In states like Michigan, surrogacy contracts are void and unenforceable. A surrogate mother should only enter a contract in a state where it will be recognized and enforced by the courts. The surrogate mother laws by state directly determine contract enforceability.

Does a surrogate mother need her own lawyer?

Yes. Every surrogate mother should have her own independent attorney who represents only her interests. Many states require independent legal counsel as a condition of enforcing the surrogacy contract. Even in states without this requirement, no carrier should sign a contract without her own lawyer reviewing the terms. The intended parents typically pay for the surrogate mother’s attorney.

What happens if a surrogate mother has a medical emergency?

The carrier retains the right to make her own medical decisions in any emergency. The surrogacy contract typically includes provisions for medical emergencies, including authorization for the surrogate mother to consent to emergency procedures. Her health and safety always take priority over any contractual terms. Legal protections ensure that the carrier’s bodily autonomy is respected regardless of what the contract says.

Are surrogate mother laws by state changing?

Yes. Surrogate mother laws by state are evolving rapidly. In the past decade, several states have moved from prohibiting surrogacy to explicitly authorizing it. New York, Washington, and Colorado are notable examples. The overall trend is toward greater legal recognition and protection for gestational carriers. As more states adopt surrogacy statutes, the legal landscape becomes more predictable and more protective of surrogate mother rights.

Can a surrogate mother from one state work with intended parents in another state?

Yes, but the surrogate mother laws by state make this complicated. When the carrier lives in one state and the intended parents live in another, the surrogacy contract must address which state’s law governs. Generally, the law of the state where the surrogate mother delivers determines the parentage process. A carrier who lives in a surrogacy friendly state but delivers in a restrictive state could face legal complications. Cross-state arrangements require careful legal planning.

Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. I am Dr. James Thornton, JD, a reproductive law attorney, and while I have endeavored to present accurate and current information about surrogate mother laws by state, surrogacy laws change frequently. No surrogate mother should rely solely on this guide when making legal decisions. Every prospective carrier should consult with a licensed attorney in her jurisdiction who specializes in reproductive law. The information presented here does not create an attorney-client relationship between Dr. James Thornton, JD and any reader.

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