In Montana, gestational surrogacy is permitted, because there is no statute or case law that prohibits it.
Traditional (genetic) surrogacy is similarly permitted because no statute or case law prohibits it.
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In Montana, gestational surrogacy is permitted, because there is no statute or case law that prohibits it.
Traditional (genetic) surrogacy is similarly permitted because no statute or case law prohibits it.
No specific legal requirements exist to serve as a gestational surrogate in the state of Montana.
Parentage Orders: Courts in Missoula County and in some other counties grant parentage and birth registration orders both pre-birth and post-birth.
The conditions under which intended parents could be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:
The legal basis to recognize parentage is weak for a non-genetic intended parent who is not married to the genetic parent and the basis for a joint petition may be questioned.
For intended parents who lack a genetic relationship to the resulting child, the conditions under which intended parents could be declared legal parents with a pre-birth order are listed below:
Yes
The legal basis to recognize parentage without a genetic relationship to one of the intended parents is weak.
An intended parent may be listed as “mother,” “father,” or “parent” on the birth certificate according to what is requested by intended parents and ordered by the court.
It is possible for an international same-sex male couple to obtain an initial birth certificate listing the biological father and gestational surrogate as parents and then amend the birth certificate to remove the gestational surrogate and add the non-biological father, but a post-birth proceeding or adoption may be required. Adoptions have waiting periods, which the court may be willing to waive.
With the consent of a husband, wife, and sperm donor, and insemination by a physician, the husband is the father and the sperm donor is not. Mont. Code Ann. § 40-6-106. This statute is likely unconstitutional to the extent interpreted to not allow similar legal treatment of donors and non-genetic spouses for same-sex married couples, or to not allow similar legal treatment for egg donations.
Susan G. Ridgeway
Axilon Law Group
125 Bank Street, Suite 403
Missoula, MT 59802
Phone: 406.532.2635
Fax: 406.294.9468
https://www.axilonlaw.com/
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