As of 2016, surrogacy in Louisiana is regulated by Louisiana Surrogacy Bill HB 1102 [MM1]. This bill restricts gestational surrogacy to married, heterosexual couples using their own genetic material.
Traditional surrogacy, moreover, is not permitted as per La. Rev. Stat. § 9:2713. Contracts for traditional surrogacy are void in Louisiana.
Can a parentage order be obtained for the following?
– 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 Parents may be listed as Father-Mother.
In Louisiana, there are no statutes or case law that address the rights of a sperm, egg, or embryo donor over the gametes or resulting child.
This process only applies to Intended Parents who meet the requirements set forth by Louisiana statutes.
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.
Gestational surrogacy contracts between married, heterosexual Intended Parents using their own genetic material and a gestational carrier are recognized and enforced by the state if they meet all of Louisiana’s statutory requirements.
Independent counsel is recommended, but not required, for all parties involved in a surrogacy agreement.
Not all courts in Louisiana will issue birth orders and those that do only provide them in the limited context set forth by Louisiana statutes. All parties are required to attend hearings for a parentage order.
Because of the restrictive statutes, international Intended Parent(s) will find surrogacy a challenging process in Louisiana. 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 is imperative the international Intended Parent(s) speak with an experienced attorney in their home country about the facts of 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.
Both the surrogate and Intended Parent(s) must live in Louisiana for at least 180 days prior to executing the surrogacy contract.
To be added
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