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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.
No specific legal requirements exist to serve as a gestational surrogate in the state of Louisiana.
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:
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
There are no circumstances under which intended parents can legally pursue surrogacy in the state.
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.
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