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, gestational surrogacy is permitted in Missouri. Traditional surrogacy is not expressly prohibited but needs to be handled as an adoption.
Types of Surrogacy Available in Missouri
Can a parentage order be obtained for the following?
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.
A frozen pre-embryo is property of a special character in Missouri. As a result, under the appropriate circumstances, Intended Parents without a genetic connection to the child establish parentage via the Uniform Parentage Act, just as parents with a genetic connection establish parentage.
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 that comes from the hospital. 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 eggs for assisted reproduction procedures have no parental rights over the donated gametes or a resulting child, so long as the insemination is performed by a physician. Although the statute does not specifically reference egg donation, attorneys advise that the statute, in order to be constitutional, should also be interpreted to include egg donation, so that egg donors have no parental rights over the donated gametes or the resulting child.
Surrogacy Steps in Missouri
Surrogacy Process in Missouri
Birth Certificate Timeline
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), it’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 there’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. Fertility clinics will generally not allow parties to proceed unless each side is represented by independent counsel in the agreement stage.
Requirements for Surrogates and Intended Parent(s)
Birth Orders
Missouri requires post-birth orders to establish parentage. Judgments can be obtained within 5-14 days of a child’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
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 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
Birth Certificates
Passport Timeline
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
Chelsea Caldwell
Midwest Fertility Law Group, PLC
740 Southwest Drive
Jonesboro, Arkansas 72401
(870) 280-2648
chelsea@mwflg.com
Assisted with 2023 Updates
Tim Schlesinger
Paule, Camazine & Blumenthal, P.C.
165 North Maramec Avenue, St. 110
St. Louis, MO 63105
314-727-2266
tschlesinger@pcblawfirm.com
www.pcblawfirm.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 July 2023
