Is Surrogacy Legal in Louisiana?

Surrogacy Law in Louisiana

Louisiana Surrogacy Law: Types of Surrogacy

In Louisiana, gestational surrogacy is restricted to married couples who are using their own egg and sperm; there are numerous requirements to the practice, even when this initial requirement is met. Surrogacy agreements under any other circumstances, will not be honored and may actually be prosecuted.

Similarly, traditional (genetic) surrogacy in Louisiana is expressly prohibited by La. Rev. Stat. § 9:2713.

Are There Surrogate Requirements in Louisiana?

No specific legal requirements exist to serve as a gestational surrogate in the state of Louisiana.

Does Louisiana Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Courts in Louisiana will grant pre-birth orders of parentage under incredibly limited purposes. As stated, they will only be considered for intended parents who are using their own egg and sperm in the process.

The conditions under which intended parents can be declared legal parents with a pre-birth order if at least one parent is genetically related to the child are listed below:

Yes

Married heterosexual couples, using their own egg and own sperm

No

For pre-birth orders, the conditions under which intended parents can be declared legal parents if neither parent is genetically related to the child are listed below. Intended parents who are in no way related to the resulting child, will not be granted a pre-birth order. Per Louisiana’s strict laws, they may also face penalties for embarking on the process in the state at all.

Yes

No

Whose names go on the birth certificate in Louisiana?

There are no circumstances under which intended parents can legally pursue surrogacy in the state.

Surrogacy Conditions for Same-Sex Couples in Louisiana

Are There Options for Unmarried Intended Parents in the state of Louisiana?

Egg Donation Law

There are no laws in place that outline the rights to donated sperm or eggs used in a surrogacy agreement; given the strict requirements for surrogacy, they wouldn’t apply regardless.

State law information verified by the following (ART) Assisted Reproductive Law attorney licensed in Louisiana*

* This information is for general informational purposes only and is not, nor is it intended to be, legal advice. We strongly recommend retaining legal counsel, knowledgeable of reproductive law in the state.