STATE SURROGACY LAW:

Louisiana Surrogacy Laws

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Overview

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.

Types of Surrogacy Available in Louisiana

Can a parentage order be obtained for the following?

Gestational surrogacy

YES

Commercial surrogacy

Traditional surrogacy

Altruistic surrogacy

YES

Parentage

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

– 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.

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

Intended Parents may be listed as Father-Mother.

Rights of Egg or Sperm Donor(s)

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.

Surrogacy Steps in Louisiana

Surrogacy Process in Louisiana

This process only applies to Intended Parents who meet the requirements set forth by Louisiana statutes.

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations

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

Begin IVF cycle with surrogate

Pre-birth order

Proceedings begin after the first trimester

Delivery and birth certificate finalization

Birth Certificate Timeline

Birth certificate

4-6 weeks

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

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

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

Requirements for Surrogates and Intended Parent(s)

Surrogates

Must be between 25–35 years old
Must have given birth to at least one child
Must agree to become pregnant with the intended parents’ gametes via embryo transfer
Must have undergone two counseling sessions with a mental health professional prior to executing the contract
Must agree to attend a minimum of one post-birth counseling session
Must have resided in Louisiana for a minimum of 180 days prior to executing the surrogacy contract

Intended Parent(s)

Must acknowledge that the surrogate has sole authority with respect medical decision-making, consistent with the rights of a pregnant woman carrying her own child
Must have a valid will or succession plan
Must prove that the intended mother has “medical necessity” to pursue surrogacy rather than traditional reproductive methods
Must have resided in Louisiana for a minimum of 180 days prior to executing the surrogacy contract

Agencies and fertility clinics may have additional 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?

DEPENDS

Do courts issue post-birth orders?

YES

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

YES

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.

Bases of Venue

What are the bases of venue?

County where child is born; county where Intended Parents live; county where Gestational Carrier lives

Do rulings vary by venue?

YES

Can you file a motion to waive venue?

International Issues

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.

Residency Requirements

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

YES

Both the surrogate and Intended Parent(s) must live in Louisiana for at least 180 days prior to executing the surrogacy contract.

Birth Certificates

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

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

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

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

To be added

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