Surrogacy Laws & Process in Nebraska
Understanding the Surrogacy Process in Nebraska
In Nebraska, surrogacy is legally permissible under specific conditions. The state permits gestational surrogacy arrangements where the surrogate carries a child conceived through assisted reproductive technology, provided she is not genetically related to the child. However, Nebraska law renders compensated surrogacy contracts void and unenforceable. This means that any agreement involving payment to the surrogate beyond reimbursement for medical and related expenses is not legally binding. Despite this, the law does not prohibit surrogacy itself. Intended parents and surrogates must navigate this legal framework carefully to ensure their rights and obligations are clearly defined and respected.
Pre-Birth Parentage Orders in Nebraska: Legal Recognition Before Birth
Nebraska does not grant pre-birth parentage orders. This means that intended parents cannot obtain legal recognition as the child’s parents before birth. Upon the child’s birth, the surrogate is initially listed on the birth certificate. To establish legal parentage, intended parents must pursue post-birth adoption procedures. For heterosexual couples, this typically involves a stepparent adoption process. Same-sex couples face additional legal challenges, as Nebraska does not recognize second-parent adoptions for unmarried couples, making the process more complex and requiring careful legal planning.
Legal Framework
The legal framework for surrogacy in Nebraska is primarily defined by Nebraska Revised Statute §25-21,200, which renders compensated surrogacy contracts void and unenforceable. This statute specifies that a "surrogate parenthood contract" is unenforceable if a woman is compensated for bearing a child for someone who is not her husband. While the statute does not prohibit surrogacy outright, it limits the enforceability of agreements involving compensation. Additionally, Nebraska's Acknowledgment of Maternity statute (R.R.S. Neb. §71-604.02), enacted in 2020, allows a genetic mother who did not give birth to establish her parental rights, even if she is not the birth mother. This provision is particularly relevant for same-sex couples and single parents using assisted reproductive technology.
Eligible Families
Surrogacy in Nebraska is accessible to a range of families, including married heterosexual couples, same-sex couples, and single individuals. However, the state's legal framework imposes specific requirements. Compensated surrogacy arrangements are not legally enforceable, so intended parents must be prepared to cover the surrogate's medical and related expenses without formal compensation agreements. Additionally, while the law allows a genetic mother who did not give birth to establish her parental rights, this process can be complex and may require legal assistance to navigate effectively.
Outcome
The outcome of a surrogacy arrangement in Nebraska depends on careful legal planning and adherence to state laws. Without the possibility of pre-birth parentage orders, intended parents must pursue post-birth adoption procedures to establish legal parentage. For heterosexual couples, this typically involves a stepparent adoption process. Same-sex couples may face additional legal challenges, as Nebraska does not recognize second-parent adoptions for unmarried couples, making the process more complex and requiring careful legal planning. Given these legal complexities, many intended parents in Nebraska choose to pursue surrogacy in states with more favorable legal frameworks for surrogacy arrangements.
Medical, Psychological, and Legal Requirements in Nebraska Surrogacy
In Nebraska, surrogates must meet specific medical and psychological criteria to ensure the health and well-being of both the surrogate and the child. Medical evaluations assess the surrogate’s physical health, reproductive history, and ability to carry a pregnancy to term. Psychological assessments ensure that the surrogate is emotionally prepared for the surrogacy process.
Explore the Carrying Dreams Surrogacy Heatmap
For intended parents considering surrogacy, it’s important to understand how Nebraska’s laws compare to those of other states. The Carrying Dreams Surrogacy Heatmap offers a comprehensive overview of surrogacy laws across the United States, highlighting states with more favorable legal environments for surrogacy.
If you have any inquiries about the Nebraska surrogacy law & process, feel free to contact us today.
