... Because Everyone Can Build a Family


Gestational Surrogacy is permitted because no statute or published case law prohibits it.  There appears to be very little surrogacy in Montana.  Therefore, many of the answers below are unknown because they have been untested in Montana.


Do courts grant pre-birth parentage orders?  Yes
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?

  • Married heterosexual couple using own egg and own sperm: Yes
  • Married heterosexual couple using an egg donor or sperm donor: Probably
  • Unmarried heterosexual couple using both own egg and own sperm: Yes
  • Unmarried heterosexual couple using an egg donor or sperm donor: Yes
  • Same-sex couple using egg donor or sperm donor: Unlikely
  • Single parent using own an egg or sperm: Probably

Is a hearing required to obtain a pre-birth order? 
Generally no, but depends on the judge.


The legality of Traditional Surrogacy is unclear.

State law information provided by the following attorneys practicing Reproductive Law in this state:
Rebecca H. Pape
(406) 522-0014

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