Gestational Surrogacy Regulations in Montana

Overview

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.

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 Montana, there is basis for venue in Montana. There is also basis for venue if the child is born in Montana* ´

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

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.

Parentage

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

General Information

Will Montana Vital Records honor a Pre-Birth Order from another state:
Yes, if Intended Parents reside in Montana
What is the typical time frame to obtain a birth certificate after delivery:
10 Days
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 Montana Residents:

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

Traditional Surrogacy in Montana?

*Traditional Surrogacy legality in Montana 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.