What U.S. states still make paid surrogacy illegal? United States surrogacy laws vary from state to state. Some make being or contracting with a surrogate easy, and others have set up numerous legal hurdles, and still, others completely prohibit paid surrogacy. As of February 15, 2021, New York legalized paid surrogacy through the New York’s Child-Parent Security Act. This act includes stringent protections for gestational surrogates, requiring the intended parents to pay for insurance, legal representation, and more. With this change in New York law, Louisiana and Nebraska are the only two states that still ban paid surrogacy.

  • Surrogacy laws differ from state to state.
  • New York legalized paid surrogacy in 2021.
  • Louisiana and Nebraska still prohibit paid surrogacy.
  • Both Louisiana and Nebraska allow unpaid surrogacy under specific conditions.
  • The Baby “M” case influenced these severe laws.

Louisiana’s House Bill 1102

In Louisiana, the situation is more complicated. Paid surrogacy is illegal across the board. Unpaid surrogacy is only available for legally married couples who intend to use their own genetic material to create the embryo. Gestational surrogates may only be compensated for certain expenses related to the pregnancy and birth, and the contract between a gestational surrogate and the intended parents must meet the law’s strict requirements.

Louisiana House Bill 1102 cites “the best interest of the children” born via surrogacy as the primary motivator for the law.

Nebraska Revised Statute 25-21,200

Nebraska made its decision on surrogacy law in 1988. The legislation flatly prohibits enforcement of paid surrogacy contracts. Nebraska Revised Statutes § 25-21,200, Only the biological father can obtain a post-birth order, with the gestational carrier initially being named on the birth certificate.

The intended parents then have to obtain a step-parent adoption to get the intended mother listed. For same-sex couples (with at least one parent genetically related to the child), only one of the intended parents can legally adopt the child.

In Nebraska, although compensated surrogacy contracts are unenforceable, uncompensated surrogacy is permitted.

Why Are These Laws so Severe?

The ‘Baby M’ case prompted many states to ban the practice of bearing children for money, which some described as baby brokering for profit. In the ‘Baby M’ case, surrogate mother Mary Beth Whitehead was contracted to carry William Stern’s child. But after she gave birth, Ms. Whitehead refused to turn the child over to Stern and his wife and sued for custody. Stern later won custody of the child, but the New Jersey Supreme Court ruled surrogacy illegal and awarded Ms. Whitehead visitation rights.

Family Source Consultants Assists Intended Parents Across the World

Family Source Consultants is able to provide assistance to intended parents in every state, including Louisiana and Nebraska.

As an international surrogacy agency, we also specialize in matching and facilitating gestational surrogacy agreements for intended parents in Europe, Asia, Australia, and South America. And we are proud to work with intended parents of all kinds: traditional, gay or lesbian couples and individuals of all races, religious and ethnic backgrounds.

Our surrogates are thoroughly screened, vetted, and motivated to help others. They understand their responsibilities and are dedicated to helping intended parents build their families. Many of our team members have been former surrogates, egg donors, or parents through surrogacy, so we understand firsthand!

Family Source Consultants is looking forward to being with you every step of the way, helping you navigate your surrogacy journey and bringing your dreams to life!

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Staci Swiderski, CEO and owner of Family Source Consultants, has been a prominent leader in reproductive medicine for over two decades. Through her strategic vision and dedication, she has developed Family Source Consultants into a globally recognized agency specializing in comprehensive egg donation and gestational surrogacy services. Under Staci’s leadership, the agency has become a trusted partner for intended parents, surrogates, and egg donors worldwide, known for its rigorous standards, compassionate support, and commitment to excellence in third-party reproduction.

Her professional insight is uniquely informed by her own family-building experiences. As an intended parent, Staci welcomed her son via gestational surrogacy in 2005, and as a known egg donor, she assisted an infertile couple in expanding their family. These experiences lend a rare depth to her leadership and have fueled her ongoing dedication to ethical, empathetic, and professional support within the field of reproductive medicine.