Surrogacy in Montana

Gestational Surrogacy in Montana

Surrogacy is legal in Montana. Montana is a favorable state for surrogacy, although there are no statutes and case law addressing the topic of surrogacy in Montana. So long as one intended parent is genetically related to the child, a court will traditionally grant a pre-birth declaratory judgment. Although not a requirement, it is preferred that coupled intended parents be married. Additionally, a hearing is not traditionally required but in the rare circumstances that a judge does request a one, testimony by phone has been permitted in many cases.

Understanding Surrogacy Laws in Montana

Legal Parentage

Montana courts generally grant pre-birth orders before the birth of the baby. Pre-birth orders are typically approved if at least one of the intended parents has a biological connection to the child. However, the final decision rests with the judge, and outcomes can differ. While married or unmarried couples, as well as single intended parents, may seek parentage orders, unmarried intended parents without a genetic tie to the child may encounter greater challenges in securing parental rights. As such, a genetic connection is needed to pursue surrogacy in Montana. Montana courts also grant post-birth orders.

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 Montana 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 Montana Surrogacy Law

Do You Need a Medical Need for Surrogacy in Montana?

Although there is no specific law on this, it is currently best practice to only pursue surrogacy in Montana 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?

While there are no requirements for intended parents as it pertains to marital status, married couples are preferred. Partnered couples may also be able to pursue, but will need to discuss options with an experienced professional.

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

In Montana, Intended Parents do need a genetic connection to the embryo.

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

International parents can pursue surrogacy in Montana and are subject to the same process as domestic parents. Learn more about becoming a parent with international family building.

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

Yes, Montana allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. Learn more about surrogacy and the LGBTQ+ Community.

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

Yes, altruistic surrogacy is permitted in Montana. 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 Montana?

There is a basis for venue in Montana if the surrogate or the intended parents are residents, as well if the child is born in Montana. Additionally, surrogates are required to be permanent residents or citizens of The United States.

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

No, there are no written laws relating to the rights of surrogates in Montana. Learn more about surrogate rights.