Surrogacy Laws & Process in Missouri
Understanding the Surrogacy Process in Missouri
Missouri permits both gestational and traditional surrogacy through practice, using the framework of the older Uniform Parentage Act (UPA). However, under current practice, parentage is typically finalized after birth via a court order.
Courts allow petitions to be filed during pregnancy, and in many cases, preliminary hearings are held to address potential issues in advance. This helps make sure that a post-birth order can be signed promptly, facilitating quick processing once the child is born.
Surrogacy agreements are commonly used and enforced, with independent legal counsel required for all parties involved. This confirms that the rights of both the intended parents and the gestational carrier are fully protected. Careful planning around venue and timelines is critical for successful surrogacy cases in Missouri.
Traditional surrogacy arrangements, in particular, often require adoption-like procedures for the non-biological parent after the birth, including a six-month waiting period and criminal background checks. Families pursuing surrogacy in Missouri generally plan for post-birth legal procedures to align the birth record with the intended parentage.
Pre-Birth Parentage Orders in Missouri: Legal Recognition Before Birth
Missouri courts do not grant pre-birth parentage orders, though filings can be made pre-birth. Under the state’s older Uniform Parentage Act (UPA) approach, any judgment regarding parentage is issued only after the birth.
Attorneys may request a preliminary hearing during pregnancy to streamline the process, enabling the court to sign a post-birth order as soon as possible after delivery. This post-birth order is then used to update vital records.
Venue in Missouri is determined by the county of the gestational carrier’s residence, the intended parents’ residence, or the county where the alleged father is located. If the defendants are non-residents, broader venue options apply. Results can still vary based on the county and judge’s preferences.
Married heterosexual couples
Typically eligible for post-birth orders naming both parents, including when donor gametes are used. Courts often recognize both parents in such cases, supporting the intended parentage of both individuals.
Unmarried heterosexual couples
The outcomes are often unclear or unlikely when donor gametes are used. In some cases, courts may limit the parentage order to the genetic parent, and the non-genetic parent may need to go through a post-birth adoption to establish legal parentage.
Married same-sex couples
These couples are generally recognized for post-birth parentage orders when statutory and venue requirements are met. The legal recognition of both parents is common when they are married, regardless of the genetic connection.
Unmarried same-sex couples
Recognition for unmarried same-sex couples varies by case. Results are mixed, with some courts granting recognition of both parents and others requiring a post-birth adoption for the non-genetic parent.
Single intended parents
Single individuals are frequently recognized for post-birth orders, especially when using their own gametes. The recognition is relatively straightforward in these cases.
No genetic link for either parent
Results vary by case, with some courts granting orders and others directing adoption.
Legal Procedures and Timeframes
Kansas typically processes pre-birth parentage orders through a legal hearing. However, the intended parents do not always need to attend the hearing, though their legal representation must be present. Pre-birth orders are possible even if neither the intended parents nor the surrogate resides in Kansas, as long as there is a significant connection to the state.
The state’s vital records department will honor a pre-birth order from another state, but the order must be registered as a foreign judgment. This allows Kansas to issue the birth certificate accordingly.
The typical time frame to obtain a birth certificate after delivery is around 2-3 weeks, though expedited processing is sometimes available to shorten this to 7-10 business days.
Explore the Carrying Dreams Surrogacy Heatmap
See Missouri’s post-birth process alongside nearby states, compare filing timelines and venue options, and explore green and light-green jurisdictions on our interactive heatmap.
If you have any inquiries about the surrogacy laws & process in Missouri, feel free to contact us today.
