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Is Surrogacy Legal in Nebraska?

Surrogacy Law in Nebraska

Nebraska Surrogacy Law: Types of Surrogacy

In Nebraska, gestational surrogacy is practiced in Nebraska, but under very specific circumstances. The 2007 state statute reads, “A surrogate parenthood contract entered into shall be void and unenforceable. The biological father of a child born pursuant to such a contract shall have all the rights and obligations imposed by law with respect to such child.”

Traditional (genetic) surrogacy is legally indistinguishable from gestational surrogacy, so the same conditions would apply

Are There Surrogate Requirements in Nebraska?

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

Does Nebraska Surrogacy Law Allow for Pre-Birth Orders?

Parentage Orders: Courts in Nebraska do not grant pre-birth orders. Courts will grant post-birth orders to biological fathers, and then the intended mother must complete a step-parent adoption. The state will then amend the birth certificate.

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




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:




Whose names go on the birth certificate in Nebraska?

Only one parent will be listed on the birth certificate.

An international same-sex male couple can obtain a birth certificate listing the biological father and gestational Surrogate as parents. It cannot be amended after the fact to list both fathers and omit the gestational surrogate; it will only list one father.

Even once a second parent adoption is obtained, Nebraska Vital Records will not add the second parent to the birth certificate.

Surrogacy Conditions for Same-Sex Couples in Nebraska

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

Egg Donation Law

There are no laws on the books in Nebraska governing the rights over eggs or sperm used in surrogacy.

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

* 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.

Do you have questions about surrogacy law in your state? ​