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