Montana Surrogacy Laws
Montana has no statutes or case law that address surrogacy, but both traditional and gestational surrogacy arrangements take place.
Types of Surrogacy Available in Montana
Can a parentage order be obtained for the following?
Although traditional surrogacy is not prohibited in Montana, many attorneys and agencies strongly advise against the practice given the increased emotional and legal risks involved.
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.
It is possible for any of the above to be declared the parent(s) of the child via a court parentage order, however, a stronger basis in the law exists to grant parentage when a parent is genetically related to a child or married to a parent who is genetically related to a child.
How are Intended Parent(s) Listed on the Birth Certificate?
To be added.
Rights of Egg or Sperm Donor(s)
A Montana statute provides that a husband is regarded as the father and the sperm donor is not, if the husband and wife consent and the insemination is done by a physician. There is no case law regarding donation agreements, but donation agreementsmay be enforced.
Surrogacy Steps in Montana
Surrogacy Process in Montana
Birth Certificate Timeline
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.
Although there’s no statute or case law addressing surrogacy contracts, surrogacy contracts in Montana may be enforced by its courts.
Independent counsel is required for all parties involved in a surrogacy agreement.
Requirements for Surrogates and Intended Parent(s)
Bases of Venue
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.
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.
Susan G. Ridgeway
Axilon Law Group, PLLC
125 Bank Street, Suite 403
Missoula, MT 59802
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