Gestational Surrogacy Regulations in Iowa

Overview

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
Yes
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Unmarried same-sex couple:
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
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Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational Surrogacy only
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
No

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*
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*
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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