Gestational Surrogacy in Missouri

Surrogacy is legal in Missouri. Although there is no applicable statute, courts in Missouri regularly grant parentage orders in certain factual scenarios. If such facts are met, gestational surrogacy can be safely and securely practiced in Missouri.

Understanding Surrogacy Laws in Missouri

Legal Parentage

Missouri currently follows the old Uniform Parentage Act on artificial insemination which provides for a combination of pre- and post-birth procedures. A petition for parentage may be filed before birth, but it cannot be signed and grant parentage rights until after the birth. Said orders are available heterosexual, married couples and single intended parents so long as there is a genetic connection. For same sex couples, availability of post-birth orders can vary by county and judge. Similarly, the need for a hearing in any parentage proceeding varies based on the county and judge with some judges preferring to hold a hearing before or after birth to take testimony.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Missouri Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes  

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About Missouri Surrogacy Law

Do You Need a Medical Need for Surrogacy in Missouri?

Although there is no specific law on this, it is best practice to only pursue surrogacy in Missouri if you have a medical need, which means surrogacy is only permitted if there is a medical reason a person cannot carry their own child. Some examples of medical needs include unexplained infertility, lack of a uterus or vagina, scarring on the uterus, and a history of complicated pregnancies or miscarriage(s). Existing medical conditions like heart disease, kidney disease, diabetes and pregnancy conditions such as preeclampsia and gestational diabetes that could impact a woman’s ability to carry a child to term or put her life at risk would also qualify as a medical need.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

Missouri permits married couples and single individuals to pursue surrogacy.

Do Intended Parent(s) need a genetic connection to the embryo?

In Missouri, it is best practice for Intended Parents to have at least one genetic connection to the embryo. While double donor embryos may work for married, heterosexual couples, results can vary by county.

Can International Intended Parent(s) Pursue Surrogacy in Missouri?

International parents may be able pursue surrogacy in Missouri depending on genetic connection to the embryo. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, Missouri allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. However, how parentage is established may vary. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in Missouri. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in Missouri?

Generally no. Intended parents do not need to be Missouri residents to carry out a surrogacy journey in Missouri. Similarly, gestational carriers are not required to reside in Missouri. However, for jurisdictional purposes, one of the parties needs to reside in Missouri or the baby needs to be born in Missouri.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

Missouri does not have any written laws pertaining to the rights of surrogates. Learn more about surrogate rights.