In Iowa, gestational surrogacyis expressly permitted by the 2018 Iowa Supreme Court caseP.M. v. T.B., 907 N.W.2d 522 (Iowa 2018), in which the Iowa Supreme Court held gestational surrogacy arrangements were enforceable, and did not violate the rights of the carrier, the rights of the child, or public policy. This case is implicitly supported by Iowa Code § 710.11 and regulations of the Iowa Department of Public Health. Iowa Code § 710.11 prohibits the sale or purchase of humans, and it exempts traditional surrogacy arrangements by name. The IDPH regulations provide procedures for obtaining birth certificates after birth for both traditional and gestational surrogacy arrangements. Courts are known to regularly issue pre-birth orders, but such orders are not accepted by IDPH for purposes of creating birth certificates.
Traditional (genetic) surrogacyin Iowa is similarly permissible by state law, and contracts are presumed enforceable based on the Supreme Court case.
To establish parentage following a birth from a surrogate other steps may be needed depending on the genetic connections of the intended parents to the child, including pre- and post-birth order process, and/or adoption. If the surrogate is unmarried, an affidavit can be used at birth to establish the genetic father as a parent.