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?
Is a hearing required to obtain a pre-birth order? Generally no, but depends on the judge.
The legality of Traditional Surrogacy is unclear.
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