Gestational Surrogacy Regulations in Missouri

Overview

Gestational Surrogacy is generally permitted in Missouri. There are no statutes or published
case law that specifically permits or prohibits surrogacy.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried 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 and Traditional Surrogacy
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) or GC are residents of Missouri, there is basis for venue in Missouri * ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes*
Surrogate status:
Gestational and Traditional Surrogacy
Intended Parents using egg donor:
Yes*
Intended Parents using both egg and sperm donor:
Yes*

Birth of Child

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

It may be possible to obtain a Post-Birth Order. Although Pre-Birth Orders are not issued in
Missouri prior to delivery, a Parentage Order may be filed prior to delivery and will become
effective soon after the child is born. Post-Birth Orders are most likely to be granted to single
Intended Parents or married Intended Parents when at least one of them is genetically related
to the child. For same-sex or unmarried couples, or when neither Intended Parent is
genetically related to the child, it may still be possible to obtain a Post-Birth Order, but
results vary.

Parentage

Pre-Birth Orders:
No
Hearing to obtain Order:
No
Post-Birth Orders:
Yes

General Information

Will Missouri Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
2 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

Second Parent and Stepparent Adoptions for Missouri Residents:

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

Traditional Surrogacy in Missouri?

*Traditional Surrogacy in Missouri is permitted because no statute or published case law prohibits it. 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.