Gestational Surrogacy is generally permitted in Montana. There are no statutes or published
case law that specifically permits or prohibits surrogacy. Montana courts are typically
favorable toward surrogacy agreements.
Pre- and Post-Birth Orders will usually be granted when at least one of the Intended Parents
shares a genetic relationship to the child. These determinations are left to the judge’s
discretion and results may vary. Although parentage orders may be obtained by a married or
unmarried couple, of by a single Intended Parent, an unmarried Intended Parent who is not
genetically related to the child may have a harder time securing parental rights.
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.