Gestational Surrogacy Regulations in Louisiana

Overview

Gestational Surrogacy arrangements are legalized in the limited instance where the Intended
Parents are Louisiana residents and are a married heterosexual couple who are both
genetically related to the child pursuant to La. R.S. §9:2718 – 9:2720.15.

Intended Parents

Age requirement:
21 years of age or older
Marriage requirement:
Must be married
Married heterosexual couple:
Yes
Married same-sex couple:
No
Unmarried heterosexual couple:
Unmarried same-sex couple:
Resident status:
Yes (at least for 180 days prior to agreement)
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
25 to 35 years of age
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational Surrogacy
Resident status:
Yes(at least for 180 days prior to agreement)
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:
No
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
No
Intended Parents using both egg and sperm donor:
No

Birth of Child

Birth in Louisiana:
Yes
Birth outside of Louisiana:
No

Within 60 days of the initiation of a proceeding to approve a gestational carrier contract, the
court shall set the matter for hearing, and after the hearing may issue an order, known as the
Order Preceding Embryo Transfer, approving the gestational carrier contract and declaring
that the Intended Parents shall be recognized as the legal parents of a child born pursuant to
the gestational carrier contract.

Parentage

Pre-Birth Orders:
Yes* (Order Preceding Embryo Transfer)
Hearing to obtain Order:
Yes, Intended Parents must be present
Post-Birth Orders:
Yes

General Information

Will Louisiana Vital Records honor a Pre-Birth Order from another state:
No
What is the typical time frame to obtain a birth certificate after delivery:
4 to 6 weeks
How are same-sex parents named on the final birth certificate:
N/A
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
N/A
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:
N/A

Second Parent and Stepparent Adoptions for Louisiana Residents:

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

Traditional Surrogacy in Louisiana?

*Traditional Surrogacy in Louisiana is expressly prohibited by La R.S. §9:2719*
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