Gestational Surrogacy Regulations in Nebraska

Overview

Gestational Surrogacy is expressly prohibited under R.R.S. Neb. 25-21, 200, declaring
surrogacy contracts to be void and unenforceable. Gestational Surrogacy is carried out in
Nebraska regardless and the statute provides that the biological father born pursuant to a
surrogacy contract shall have all the rights and obligations imposed by law with respect to
such child.

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:
Yes
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
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:
No*
Surrogate status:
Gestational Surrogacy
Intended Parents using egg donor:
Yes*
Intended Parents using both egg and sperm donor:
No

Birth of Child

Birth in Nebraska:
Yes
Birth outside of Nebraska:
No

Pre-Birth Orders are prohibited in the state of Nebraska, but courts may grant Post-Birth
Orders to biological fathers only. All other Intended Parents must go through a post-birth
adoption process.

Parentage

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

General Information

Will Nebraska Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
1 week
How are same-sex parents named on the final birth certificate:
Only one Parent is listed
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 Nebraska Residents:

*This situation typically arises if the child is born outside of Nebraska. The parents then return to Nebraska to obtain a second parent adoption or stepparent adoption in Nebraska. Nebraska does not permit second-parent adoptions. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Nebraska?

*Traditional Surrogacy is not distinguished from Gestational Surrogacy in the Nebraska Statute. Please consult with your local attorney before moving forward with Traditional Surrogacy.*
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