Gestational Surrogacy Regulations in Iowa

Overview

Gestational Surrogacy is implicitly permitted by Iowa Code. Iowa Code §710.11, which prohibits the purchase or sale of an individual expressly exempts surrogacy agreements. Iowa Code §641-99.15 outlines the steps for Vital Records to take in issuing birth certificates to children born to Gestational Carriers. In 2018 the Supreme Court of Iowa held that a gestational surrogacy contract was legally enforceable in favor of the intended biological father against a surrogate mother and her husband, who were not the child’s genetic parents. The Court noted that a contrary holding invalidating surrogacy contracts would deprive infertile couples of the opportunity to raise their own biological children and would limit the personal autonomy of women willing to serve as surrogates to carry and deliver a baby to be raised by other loving parents.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
Yes
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Resident status:
No
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy only
Resident status:
Yes
Use of own embryos:
No
Independent legal counsel:
Yes

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
No
*Intended Parents must be genetically related to the embryo provided. If neither Intended Parent is not biologically related to the child, and adoption must occur.

Birth of Child

Birth in Iowa:
Yes
Birth outside of Iowa:
Yes, however, discuss with your legal counsel

Post-Birth Orders are granted and are only available to Intended Parents who are both genetically related to the child. A partial Post-Birth Order is granted where Intended Fathers who genetically related to the child. A partial Post-Birth Order is granted where Intended Mothers are genetically related to the child. If the Gestational Carrier was not legally married at the time of conception or birth or at any time during the period between conception and birth, the birth mother and the Intended Father, who must be the biological father may complete a Voluntary Paternity Affidavit form after the birth of the child and submit the completed form to the state registrar.

Parentage

Pre-Birth Orders:
No
Hearing to obtain Order:
Yes, unless judge waives hearing
Post-Birth Orders:
Yes

General Information

Will Iowa Vital Records honor a Pre-Birth Order from another state:
Yes* (Pre-Birth Orders from other states will be honored where the Order contains information deemed necessary by Iowa Vital Records and complies with Iowa Administrative code)
What is the typical time frame to obtain a birth certificate after delivery:
4-6 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent* (Because there is no case law it is unclear whether these circumstances would be accepted by the court. Please consult with a local attorney)
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes* (after second parent adoption)

Second Parent and Stepparent Adoptions for Iowa Residents:

This situation typically arises if the child is born outside of Iowa. The parents then return to Iowa to obtain a second parent adoption or stepparent adoption in Iowa. Please consult with your attorney on this matter if this issue is to arise.

Traditional Surrogacy in Iowa?

Traditional Surrogacy in Iowa is decriminalized by Iowa Code §710.11. Although it may be allowed in Iowa, it is not the general accepted practice. Please consult with a local attorney to determine if you can move forward with traditional surrogacy.
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.