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STATE SURROGACY LAW:

Missouri Surrogacy Laws

Overview

Missouri does not have any statutes or case law that directly pertain to surrogacy contracts. However, the state has been able to use the 1972 version of the Uniform Parentage Act to establish parentage for Intended Parent(s). Therefore, both gestational and traditional surrogacy is permitted in Missouri.

Types of Surrogacy Available in Missouri

Can a parentage order be obtained for the following?

Although traditional surrogacy isnโ€™t prohibited in Missouri, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally canโ€™t be forced to give up her parental rights.

Gestational surrogacy

YES

Commercial surrogacy

YES

Traditional surrogacy

YES

Altruistic surrogacy

YES

Parentage

Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?

Married Heterosexual Couple Married Same-Sex Couple Unmarried Heterosexual Couple Unmarried Same-Sex Couple Single
Two Genetic Connections ๐Ÿ’š ๐Ÿ’š
One Genetic Connection ๐Ÿ’š ๐Ÿ’š ๐Ÿ’š ๐Ÿ’š ๐Ÿ’š
No Genetic Connections theoretically yes but untested theoretically yes but untested theoretically yes but untested theoretically yes but untested ๐Ÿ’š
Married Heterosexual Couple Married Same-Sex Couple Unmarried Heterosexual Couple Unmarried Same-Sex Couple Single
Two Genetic Connections ๐Ÿ’š ๐Ÿ’š
One Genetic Connection ๐Ÿ’š ๐Ÿ’š ๐Ÿ’š ๐Ÿ’š ๐Ÿ’š
No Genetic Connections theoretically yes but untested theoretically yes but untested theoretically yes but untested theoretically yes but untested ๐Ÿ’š
Show Court Parentage Order Collapse

๐Ÿ’šย โ€“ Both Intended Parent(s) can be named on the parentage order

๐Ÿ’›ย โ€“ Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.

If an Intended Parent doesn’t have a genetic connection to their child, they may need to establish parentage via a stepparent adoption (for couples) or an adoption in Missouri.

How are Intended Parent(s) Listed on the Birth Certificate?

Intended Parent(s) may be listed as Father-Mother or Parent-Coparent.

Because Missouri only grants post-birth orders, the surrogate is named on the verification of live birth. However, once the post-birth order is delivered to Vital Records, this document is sealed and the actual birth certificate is released with the names of the Intended Parent(s).

Rights of Egg or Sperm Donor(s)

According to Missouri Revised Statute 210.824, donors of sperm or egg for assisted reproduction procedures have no parental rights over the donated gametes or a resulting child.

Surrogacy Steps in Missouri

Surrogacy Process in Missouri

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations

Complete Legal

Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement

Begin IVF cycle with surrogate

Delivery

Post-birth order

Missouri requires post-birth orders to affirm parentage and finalize birth certificate with the names of the Intended Parent(s).

Birth Certificate Timeline

Birth certificate

VARIES

Although birth certificates can arrive in as little as 3-5 weeks, it can take up to 3-4 months or more. For international Intended Parent(s), itโ€™s possible to expedite the process.

Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.

Court Processes

Surrogacy Contracts

Although thereโ€™s no statute or case law addressing surrogacy contracts, surrogacy contracts in Missouri have been routinely recognized and enforced by its courts.

Independent Counsel

Independent counsel is recommended, but not required, for all parties involved in a surrogacy agreement.

Requirements for Surrogates and Intended Parent(s)

Missouri has no statutory requirements that must be met for surrogates and Intended Parent(s) to participate in a surrogacy agreement. However, agencies and fertility clinics have their own requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys.ย 

Birth Orders

Do courts issue pre-birth orders?

NO

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

YES – only attorneys need to attend.

Missouri requires post-birth orders to establish parentage. Judgments can be obtained within 3-7 days of a childโ€™s birth as long as all documents and petitions are prepared ahead of time. Gestational carriers may execute a durable power of attorney to grant power to Intended Parent(s); this allows them to make medical decisions and take custody of the child after birth.

Bases of Venue

What are the bases of venue?

NO VENUE REQUIREMENTS

Do rulings vary by venue?

NO

Can you file a motion to waive venue?

YES

Although it is possible to waive venue, it is generally unnecessary because parties can agree to a venue.

International Issues

International Intended Parent(s) will have additional legal steps to complete before their return home regarding their countryโ€™s immigration and citizen laws that impact the child. Itโ€™s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.ย 

Residency Requirements

Does Missouri have any residency requirements for out-of-state or International Intended Parents?

NO

Birth Certificates

Can an international same-sex male couple receive an initial birth certificate naming the biological father and Gestational Carrier?

YES

Can an international same-sex male couple obtain an initial birth certificate naming only the biological father?

YES

Can they receive a subsequent birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

YES

Passport Timeline

6-8 weeks after submitting birth certificate.

Passports can be expedited for a 2-3 week delivery with an extra fee. Intended Parent(s) can also visit a regional passport agency to receive one within 1-2 business days.

Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.

Consulting Attorneys

Tim Schlesinger
Paule, Camazine & Blumenthal, P.C.ย 
165 North Maramec Avenue, St. 110
St. Louis, MO 63105
314-727-2266
tschlesinger@pcblawfirm.com
www.pcblawfirm.com

Kevin W. Kenneyย 
7301 Mission Roadย 
Prairie Village, KS 66208
913-671-8008
kwklawfirm@aol.com
Kevinwkenney.com

Legal Disclaimer

The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.

This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.

Last updated October 2019

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