GESTATIONAL SURROGACY IN LOUISIANA
Louisiana Surrogacy Bill HB 1102 took effect on August 1, 2016. This bill restricts gestational surrogacy to heterosexual married couples using their own gametes and places onerous requirements on such arrangements, including a strict no compensation requirement. Commercial surrogacy is therefore prohibited in Louisiana. If one enters into a surrogacy agreement that is not sanctioned by the new law, anyone involved is subject to civil and criminal penalties.
PRE-BIRTH PARENTAGE ORDERS
Do courts grant pre-birth parentage orders? Yes, under limited circumstances.
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, but only if intended parents and GC have all been residents of Louisiana for at least 6 months, surrogacy is medically necessary, and GC is not paid compensation (reimbursement for expenses only). Court approval prior to embryo transfer is required.
- Married heterosexual couple using an egg donor or sperm donor: No
- Unmarried heterosexual couple using both own egg and own sperm: No
- Unmarried heterosexual couple using an egg donor or sperm donor: No
- Same-sex couple using an egg donor or sperm donor: No
- Single parent using own egg or sperm: No
Can both Intended Parents be declared the legal parents in a post-birth stepparent adoption order if no parent is genetically related to the child?
- Married heterosexual couple: No
- Unmarried heterosexual couple: No
- Same-sex couple: No
- Single parent: No
What are the bases for venue? County of the child’s birthplace, county of the Intended Parents’ residence, county of the Gestational Carrier’s residence
Do results vary by venue? Yes
If yes, are motions to waive venue accepted? No
Is a hearing required to obtain a post-birth adoption order? Yes, and the Intended Parents must be present.
Will Louisiana Vital Records honor a pre-birth order from another state? No, and the court made clear in Adar v. Smith (2011), that it would not require Vital Records to do so.
What is the typical time frame to obtain a birth certificate after delivery? An initial birth certificate will take 4-6 weeks. If a stepparent adoption is required, the final birth certificate will not be issued for more than 6 months, because the stepparent adoption cannot be filed for at least 6 months.
SAME SEX COUPLE
How are same-sex couples named on the final birth certificate? N/A
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? N/A
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Louisiana (i.e., neither of the Intended Parents lives in Louisiana)? N/A
If no, will Louisiana Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? N/A
SECOND PARENT & STEPPARENT ADOPTIONS FOR LOUISIANA RESIDENTS
Note: This situation typically arises if the child is born outside of the state. The parents then return to Louisiana to obtain a second parent adoption or stepparent adoption in Louisiana.
Will courts in Louisiana grant second parent adoptions or stepparent adoptions to heterosexual couples living in Louisiana? Yes, if they are married.
Will courts in Louisiana grant second parent adoptions or stepparent adoptions to same-sex couples living in Louisiana? Yes, if they are married.
EGG AND SPERM DONATION
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? No
TRADITIONAL SURROGACY IN LOUSIANA
Under La. Rev. Stat. § 9:2713, contracts that compensate a Traditional Surrogate are “void and unenforceable as contrary to public policy.”
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