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STATE SURROGACY LAW:

Nebraska Surrogacy Laws

Overview

Compensated gestational surrogacy is governed in Nebraska by R.R.S. Neb.25-21, 200 (2007). Although this statute doesn’t prohibit surrogacy, it explicitly states that all surrogacy contracts, whether traditional or gestational, are void and unenforceable. Violation of this statute carries criminal penalties.

However, some support for surrogacy can be found in this same statute, which also states that the biological father of such a contract “shall have all the rights and obligations imposed by law with respect to such child.”

Types of Surrogacy Available in Nebraska

Can a parentage order be obtained for the following?

Commercial surrogacy is strictly prohibited by R.R.S. Neb.25-21, 200 (2007), which defines surrogacy as “a surrogate parenthood contract shall mean a contract by which a woman is to be compensated for bearing a child of a man who is not her husband.”

Although traditional surrogacy isn’t prohibited in Nebraska, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.

Gestational surrogacy

YES

Commercial surrogacy

NO

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 💛 💛
One Genetic Connection 💛 💛 💛 💛 Single Male ONLY
No Genetic Connections
Married Heterosexual Couple Married Same-Sex Couple Unmarried Heterosexual Couple Unmarried Same-Sex Couple Single
Two Genetic Connections 💛 💛
One Genetic Connection 💛 💛 💛 💛 Single Male ONLY
No Genetic Connections
Show Court Parentage Order Collapse

💚 – Both Intended Parent(s) can be named on the parentage order

💛 – 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.

Intended Parent(s) must have a genetic connection to the child in order to obtain a parentage order. Non-genetic Intended Parent(s) can only establish parentage via a post-birth adoption.

Second parent and stepparent adoptions in Nebraska are restricted to married couples. If an Intended Parent is not genetically related to the child, a second parent adoption will be necessary to establish parental rights for them.

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

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

The gestational carrier is initially listed on the birth certificate, but an amended copy referencing just the Intended Parent(s) is the only copy released.

Rights of Egg or Sperm Donor(s)

There are no statutes or case law in Nebraska that address the rights of an egg, sperm, or embryo donor over the donated gametes or a resulting child.

Surrogacy Steps in Nebraska

Surrogacy Process in Nebraska

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations at the fertility center

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

Begin IVF cycle with surrogate

Delivery and birth certificate finalization

Post-birth order

Nebraska requires post-birth orders

Birth Certificate Timeline

Birth certificate

VARIES – Birth certificate timelines vary depending on the Department of Vital Statistics.

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

Commercial surrogacy contracts aren’t recognized and enforced in Nebraska. Because all contracts are unenforceable, all surrogacy agreements must be written as a “memoranda of understanding” rather than a “contract.” However, uncompensated (also referred to as altruistic) surrogacy contracts may be enforceable.

Independent Counsel

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

Requirements for Surrogates and Intended Parent(s)

Nebraska 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

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?

VARIES

Post-birth orders are solely available to Intended Fathers with a biological connection to the child. Intended Mothers must establish legal parentage via a post-birth adoption. 

Although it’s at the discretion of the judge, hearings are likely. Whether the parties must attend will depend on the judge.

Bases of Venue

What are the bases of venue?

County where child is born; county where gestational carrier lives; county where Intended Parent(s) live

Do rulings vary by venue?

YES

Can you file a motion to waive venue?

YES

International Issues

International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’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.  

Residency Requirements

Does Nebraska 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?

NO

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

Emilee Gehling
Gehling Osborn Law Firm, PLC
600 4th Street, Suite 900
Sioux City, IA 51101
(712) 226-4600
emilee@golawfirm.com
www.golawfirm.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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