Missouri

Surrogacy Law in Missouri

Missouri Surrogacy Law: Types of Surrogacy

In Missouri, gestational surrogacy is permitted, because there is no statute or case law that prohibits it.

Traditional (genetic) surrogacy is permitted, but the non-biological parent should expect the legal requirements that often come with adoption, such as a six-month waiting period and criminal background checks.

Are There Surrogate Requirements in Missouri?

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

Does Missouri Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Courts in Missouri do not typically grant pre-birth orders. Missouri abides by the 1972 version of the Uniform Parentage Act (UPA) on artificial insemination, which allows a petition to be filed before the birth, but requires a final court order determining parentage to be signed by the court after the birth of the child to comply with vital records requirements to issue the birth certificate.

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

Yes

Married  couples, using their own egg and own sperm
Married couples, using a sperm or egg donor
Unmarried couples, using their own egg and own sperm
Married same sex couples, using an egg or sperm donor

Maybe

Unmarried couples, using an egg or sperm donor 

Single parents using an egg or sperm donor 

 

In many cases, these laws have not been tested; the likelihood of being able to obtain a post-birth order varies. 

For intended parents who are in no way related to the resulting child, the conditions under which intended parents could be declared legal parents with a post-birth order are listed below:

Yes

Married Couples

Maybe

Married couples 

Unmarried couples 

Same sex couples 

Single parents 

 

In many cases, these laws have not been tested; the likelihood of being able to obtain a post-birth order varies. 

Whose names go on the birth certificate in Missouri?

Same-sex parents are listed on a birth certificate as “parent and parent.”

International same-sex male couples can receive an initial birth certificate naming the biological father and the gestational surrogate, so long as a voluntary acknowledgment of paternity is signed. Amendments can likely be made to the birth certificate that name both fathers without the gestational surrogate, though a second-parent adoption may strengthen the case for this. This process, at present, may be able to be expedited solely by the child being born in Missouri (but again, this is largely untested).

Surrogacy Conditions for Same-Sex Couples in Missouri

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

Egg Donation Law

Missouri’s version of the 1972 UPA, Mo. Ann. Stat. § 210.824, the donor of sperm provided to a physician is treated as if he were not the natural father of the child. A 2009 case ruled that this law applies equally to egg donors.

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

Christina Miller
Reproductive Family Law Center
1222 West 70th Street
Kansas City, MO 64113
Phone: 816-205-7020
Fax: 816-205-7030
https://www.kcbabylaw.com

* 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.