Surrogacy in Missouri: Laws, IVF Surrogacy, and Parental Rights for LGBTQ+ Couples

Surrogacy in Missouri is legal, though the state does not have specific laws that explicitly allow or prohibit it. Many intended parents, including LGBTQ+ couples, successfully use surrogacy to build their families in Missouri. However, it’s important to note that this guide is meant to provide general information, not legal advice. Always consult with an experienced attorney to guide you through the surrogacy process in Missouri.

1. Surrogacy Laws in Missouri

Is Surrogacy Legal in Missouri?

Yes, surrogacy is legal in Missouri. The state does not have specific regulations or case law that address surrogacy, but it is generally accepted. Intended parents should seek legal advice to ensure their rights are protected during the surrogacy process.

Is Traditional Surrogacy Legal in Missouri?

Yes, traditional surrogacy is allowed in Missouri. In traditional surrogacy, the surrogate is the biological mother. If the intended father has a genetic link to the child, an Affidavit of Parentage allows his name to appear on the birth certificate. However, non-biological parents may face legal hurdles, such as adoption proceedings. Because of the complex legal, emotional, and ethical challenges, most surrogacy arrangements in Missouri are gestational (where the surrogate carries an embryo created via IVF, but is not genetically related to the child).

Is Commercial Surrogacy Legal in Missouri?

Yes, paid commercial surrogacy is legal in Missouri. Surrogates are typically compensated for their services, which include medical expenses, lost wages, travel costs, and other associated expenses. Some of the reimbursements include:

• Ovulation stimulation cycle compensation
• Embryo transfer compensation
• Medical and travel expenses
• Lost wages and childcare if needed
• Life and health insurance

2. Surrogacy Contracts in Missouri

Since Missouri lacks specific laws regulating surrogacy contracts, there are no standardized guidelines for creating one. However, it is essential that both intended parents and surrogates are represented by separate attorneys to ensure the contract is fair. A surrogacy contract should address:

• The rights and responsibilities of each party
• Financial arrangements and compensation details
• Contact expectations during the pregnancy
• Hospital and delivery plans
• Steps for establishing parental rights for the intended parents

Once all parties agree, the medical process can begin.

3. Establishing Parental Rights in Missouri

Missouri does not allow pre-birth orders for establishing parental rights. This means parental rights are typically established after the surrogate gives birth through a post-birth order. If one intended parent has a genetic connection to the child, a post-birth order is more likely to be granted. For same-sex or unmarried couples where neither parent is genetically linked to the child, obtaining a post-birth order is possible, though it may vary by county and judge.

4. Surrogacy for LGBTQ+ Couples in Missouri

Is Surrogacy Legal for Same-Sex Couples in Missouri?

Yes, surrogacy is legal for same-sex couples in Missouri. LGBTQ+ intended parents, including those who are lesbian, gay, bisexual, transgender, or queer, have the same legal rights as heterosexual couples. Same-sex couples may require egg or sperm donation as part of the IVF surrogacy process.

Are There Any Additional Laws Affecting Parental Rights for Same-Sex Parents in Missouri?

No, Missouri does not have laws that affect the parental rights of same-sex parents. LGBTQ+ couples undergo the same surrogacy and legal procedures as heterosexual couples.

5. Frequently Asked Questions about Surrogacy in Missouri

Can Surrogacy Contracts Be Enforced in Missouri?

Although Missouri does not have laws governing surrogacy contracts, they are generally enforceable since they are legally considered contracts. However, it is crucial to work with a surrogacy attorney to ensure the contract is valid.

Are There Special Legal Considerations for Foreign Intended Parents in Missouri?

Foreign intended parents follow the same surrogacy laws as domestic ones. However, international parents should consult with an immigration lawyer to ensure they are complying with legal procedures to bring the child home.

When Do Intended Parents in Missouri Need to Complete an Adoption After the Child is Born?

Intended parents who have a genetic link to the child usually do not need to adopt. However, if neither parent has a genetic link, adoption may be required. For example, married couples where both parents have no genetic connection (using donor embryos), or unmarried couples where one parent has no genetic link, may need to pursue second-parent adoption.

6. Second-Parent Adoption for Single Parents with No Genetic Link

Is Stepparent Adoption Allowed in Missouri?

Yes, stepparent adoption is allowed in Missouri. If a single parent has no genetic connection to the child, they will need to complete a second-parent adoption process.

7. Egg or Sperm Donation in Surrogacy in Missouri

What Happens If Intended Parents Use Donated Eggs, Sperm, or Embryos in Surrogacy in Missouri?

The process depends on the parents’ marital status. If married and using donated eggs or sperm, parents will need to follow legal procedures for parental rights after birth. For donated embryos, adoption may be required to establish parental rights after birth.

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While this overview provides a guide to surrogacy in Missouri, it is essential to consult with a qualified attorney to navigate the complexities of surrogacy laws, especially for international or LGBTQ+ intended parents.