Legislative Milestone in Louisiana’s Surrogacy Landscape:
Since 2016
The bill outlines the legal framework for gestational surrogacy within the state, with a notable focus on supporting heterosexual married couples who wish to become parents through surrogacy.
Surrogacy Contracts
Any surrogacy agreement not adhering to the stipulations set forth by Louisiana's surrogacy law, particularly those involving compensation beyond allowed expenses or engaging non-eligible participants, subjects all parties involved to potential civil and criminal penalties.
Parental Rights
Louisiana courts grant pre-birth parentage orders under limited circumstances. Married heterosexual couples using their own egg and sperm can be declared the legal parents before the child's birth if they meet specific residency requirements
Legal Rights of Surrogates:
A significant aspect of Louisiana's surrogacy law is the strict no-compensation requirement for Gestational Carriers. Surrogates may only be reimbursed for medical and other reasonable expenses related to the surrogacy process, prohibiting any form of commercial surrogacy within the state.
Who Can Benefit from Surrogacy in LA?
Heterosexual married couples, both genetically related to a child
Surrogacy Environment in Louisiana:
The law does not provide for pre-birth orders in cases involving unmarried couples, Single Parents, or same-sex couples, regardless of whether donor gametes are used. This restriction reflects the state's conservative approach to surrogacy.
Advantages of Surrogacy in LA
Louisiana's surrogacy laws represent a structured yet restrictive approach, prioritizing certain family configurations and imposing specific requirements on the surrogacy process. For Intended Parents and Surrogates navigating surrogacy in Louisiana, understanding these legal nuances is crucial.
