Nebraska Surrogacy Laws


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 compensated surrogacy contracts, whether traditional or gestational, are void and unenforceable. 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.”

The Nebraska legislature increased access to gestational surrogacy when it enacted R.R.S. Neb. 7-604.02 in 2020, which addresses situations of gestational surrogacy. In this “Acknowledgement of Maternity” statute, the Nebraska legislature allows an intended mother to be established as the legal mother, so long as the intended mother is genetically related to the child and the woman giving birth acknowledges her as the biological parent. The statute allows the intended parents to be named on the birth certificate when a gestational surrogate gives birth and specific circumstances are met.

The parties need to understand, however, that there is no way to enforce the specific provisions in a surrogacy agreement in Nebraska if the gestational carrier is compensated. A Nebraska surrogate who is reimbursed for expenses, unpaid medical bills, lost wages, etc. is not considered to be receiving ‘compensation,’ and so such expenses may be reimbursed even in an uncompensated surrogacy arrangement.

Types of Surrogacy Available in Nebraska

Can a parentage order be obtained for the following?

Gestational surrogacy

Yes – Parentage is established through an Affidavit immediately after the birth of the child.

Commercial surrogacy


Traditional surrogacy

Yes – Parentage is established through an Affidavit immediately after the birth of the child.

Altruistic surrogacy

Yes – Parentage is established through an Affidavit immediately after the birth of the child.


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.

Intended Parent(s) must have a genetic connection to the child in order to establish their parentage via affidavit. 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 who are residents of Nebraska. 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 through an affidavit after birth

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 compensated contracts are unenforceable, all surrogacy agreements are recommended to 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?


Do courts issue post-birth orders?

Yes – Genetic parents may establish their legal parentage by affidavit immediately after the birth of the child.

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

VARIES – Legal parentage can be established via Affidavit.

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?


Can you file a motion to waive 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

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


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 receive 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

Emilee Gehling
Gehling Osborn Law Firm, PLC
600 4th Street, Suite 900
Sioux City, IA 51101
(712) 226-4600

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 May 2024