State Surrogacy Laws: The Midwest Region

Understanding the legal aspects of Midwest surrogacy family-building is essential for multiple reasons. Most people considering surrogacy to grow their family, or women who are contemplating becoming a surrogate want to know: What surrogacy laws are in place to offer protection for me and my family? This is an excellent question! Unfortunately, the answer is not a simple one.

Surrogacy in the Midwest

The United States does not regulate surrogacy on a federal level. Since there are no federal surrogacy laws, each individual state decides the legal process for surrogacy family building in their state. The Midwest region offers parents and surrogates an excellent legal climate for surrogacy. See the list below for information for Midwest states’ surrogacy laws.

The following information about surrogacy laws is provided to offer initial guidance in what U.S. surrogacy laws are or are not, and is not intended for legal advice. It is important to consult with a surrogacy attorney licensed in the state you are considering working in to get the most accurate and up to date information regarding state surrogacy laws. A local surrogacy attorney will be the best source to understand the legal processes in each state that provide best outcomes for all parties.

State-Specific Surrogacy Laws:

Kansas Surrogacy Laws:

Surrogacy in Kansas is permitted legally as there are not statutes or published case surrogacy laws specifically prohibiting gestational surrogacy or traditional surrogacy, making Kansas a safe option for surrogacy. Processes and procedures are different for each of these family building options. For the Kansas gestational surrogacy process, pre-birth parentage orders are granted to most intended parents without post-birth adoption requirements. A Kansas surrogacy attorney can outline the legal process necessary for a successful journey.

Missouri Surrogacy Laws:

Missouri is a legally secure and surrogate-friendly state. Although there are no specific laws addressing surrogacy in Missouri, post-birth orders are issued for a Missouri surrogacy birth, and a parentage order can be filed before a child’s birth. Parentage processes will vary by county and judge, and also with the genetic relationship of parents to child. To ensure best possible outcomes for a Missouri surrogacy process, consult with an experienced local attorney.

Ohio Surrogacy Laws:

Ohio does not have a statute which specifically addresses surrogacy, therefore surrogacy in Ohio is considered legal. Pre-birth parentage orders can be obtained by intended parents in most circumstances and parentage processes vary by judge and county. As determined by the courts, Ohio surrogacy contracts are not against public policy and will be enforced by Ohio courts. An experienced local attorney in Ohio will ensure that a surrogacy in Ohio ends with the intended parent(s) being named as the legal parents on the child’s birth certificate.

Illinois Surrogacy Laws:

The Illinois Gestational Surrogacy Act makes the state of Illinois a surrogate friendly state. Illinois surrogacy law provides a clear and simple legal process where no court action is needed. Lawyers experienced in Illinois state surrogacy laws will guide you to ensure you follow all the procedures for a smooth surrogacy process.

Indiana Surrogacy Laws:

Gestational surrogacy contracts are held void and unenforceable, however surrogacy itself is not illegal. Pre-birth orders and post-birth orders are not typically allowed. Some courts will grant pre-birth orders. Historically, only heterosexual couples have been granted a parentage order.

Iowa Surrogacy Laws:

Surrogacy is permitted tacitly according to state case law and statutory law. Pre-birth and post-birth orders are permitted with different requirements for intended mothers and intended fathers based on the genetic relationship to the child.

Nebraska Surrogacy Laws:

Surrogacy contracts are void under the law and are not enforceable. The statutory language for Nebraska surrogacy carries a marked risk, however the practice of surrogacy is allowed in the state. Nebraska surrogacy laws put significant restrictions on intended parents. It is important to consult with a Nebraska surrogacy attorney to fully understand the legal risks.

Michigan Surrogacy Laws:

Surrogacy laws in Michigan do not allow for compensated surrogacy arrangements, meaning they are illegal. According to the Michigan Surrogate Parenting Act, surrogacy contracts in Michigan are void and unenforceable.

North Dakota Surrogacy Laws:

In North Dakota, surrogacy contracts are permitted and surrogacy is considered legal. Although traditional surrogacy arrangements are void and unenforceable, gestational surrogacy in North Dakota has a clear set of legal and practical processes to follow.

South Dakota Surrogacy Laws:

Currently there are no laws regulating surrogacy in South Dakota. Surrogacy attorneys and other surrogacy professionals have created procedures and processes for surrogacy, however there is still legal risk given the lack of any regulatory legislation for gestational surrogacy. For this reason, it is generally discouraged to pursue surrogacy in South Dakota. Contact a surrogacy attorney for legal advice and guidance regarding South Dakota surrogacy.

Wisconsin Surrogacy Laws:

The legal process for surrogacy in Wisconsin is a safe and legally defined family-building path for intended parents and surrogates. Surrogacy contracts are enforceable and the courts recognize parentage through surrogacy. To best navigate the legal aspects of the surrogacy process in Wisconsin, consult with an experienced surrogacy attorney.

Pathways To Parenthood Surrogacy Agency, located in the Kansas City area, in Overland Park, Kansas, is a trusted and reliable source for helping parents and surrogates understand surrogacy laws. We provide guidance and referrals for a legally sound surrogacy process. Our parents and surrogates are represented by surrogacy attorneys that are experienced and knowledgeable in assisted reproductive law and surrogacy law.