Nebraska statute R.R.S. Neb. 25-21, 200 (2007) governs compensated surrogacy contracts: “A surrogate parenthood contract entered into shall be void and unenforceable. The biological father of a child born pursuant to such a contract shall have all the rights and obligations imposed by law with respect to such child.”
Even while Nebraska’s statute makes compensated surrogacy contracts unenforceable, therefore, it declares that the biological father is the sole legal parent. The net result is that Nebraska courts only permit uncompensated surrogacy in Nebraska, and the underlying contract is void and unenforceable.
Do courts grant pre-birth parentage orders? No, there are no pre-birth orders in Nebraska. The courts will grant post-birth orders, but only when the GC does not receive compensation. Also, only the biological father can obtain a post-birth order, requiring a 2-step process: The Gestational Carrier is initially named on the birth certificate with the biological father. The couple must then return to their home state to obtain a stepparent adoption for the Intended Mother. Nebraska will then amend the birth certificate.
Can both Intended Parents be declared the legal parents in a post-birth order if at least one parent is genetically related to the child?
Can both Intended Parents be declared the legal parents in a post-birth order if no parent is genetically related to the child?
Is a hearing required to obtain a post-birth order? Yes
Will Nebraska Vital Records honor a pre-birth order from another state? No, not even with domestication.
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, post-birth only and if there is no compensation to the Gestational Carrier.
Can they subsequently obtain a birth certificate naming only the biological father and/or both fathers, with no mention of the Gestational Carrier? They can subsequently get a birth certificate naming the biological father, but not both fathers.
Can the non-biological parent obtain a second parent adoption based solely on the fact that the child was born in Nebraska (i.e., neither of the Intended Parents lives in Nebraska)? No
If no, will Nebraska Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate? No
Note: This situation typically arises if the child is born outside the state. The parents then return to Nebraska to obtain a second parent adoption or stepparent adoption in Nebraska.
Will courts in Nebraska grant second parent or stepparent adoptions to heterosexual couples living in Nebraska? Yes
Do they have to be married? Yes
Will courts in Nebraska grant second parent or stepparent adoptions to same-sex couples living in Nebraska? No
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? No
The statute does not distinguish Traditional Surrogacy from Gestational Surrogacy.
Susan Sapp
ssapp@clinewilliams.com
(402) 474-6900
Kelly N. Tollefsen
kelly@kellytollefsenlaw.com
(402) 802-7514
Emilee Gehling, Gehling Osborn Law Firm, PLC
Sioux City, IA
Emilee@golawfirm.com
(712) 226-4600
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