What You Need to Know About Surrogacy in Montana

Montana Surrogacy Laws and Information

Considering surrogacy in Montana? American Surrogacy can guide you through your process and help you learn more about surrogacy laws in Montana today.

If you are considering surrogacy in Montana, American Surrogacy can help. Not only can our surrogacy specialists provide the professional guidance you need, but we can also refer you to a trusted surrogacy attorney in Montana to explain the Montana surrogacy laws that may apply to your family-building process.

But, what exactly are the surrogacy laws in Montana? Can you even be an intended parent or surrogate in Montana?

The answer is yes — surrogacy is not only possible in Montana but is also a safe, efficient way to reach your surrogacy goals. We encourage you to speak with local surrogacy professionals to learn more about this process before committing to the year or more it will require from you.

American Surrogacy can always answer whatever questions you have about the surrogacy process but, in the meantime, find the answers to some commonly asked questions about surrogacy laws in Montana here.

Q: Is surrogacy legal in Montana?

A: There are no surrogacy laws in Montana, but surrogacy is legal and in practice in this state. Like in many other states with no legal regulations for the surrogacy process, it’s important to speak with a local Montana surrogacy attorney to learn more about how you can complete a surrogacy here.

Q: Is compensated surrogacy legal in Montana?

A: Yes. There are no surrogacy laws in Montana that regulate or prohibit a surrogate’s right to receive base compensation for her services.

Q: Is traditional surrogacy legal in Montana?

A: Yes. There are no surrogacy laws in Montana prohibiting traditional surrogacy. However, Montana surrogacy courts may require a post-birth hearing or adoption to establish the intended parents’ rights to their child.

Q: What does a surrogacy agreement in Montana cover, and how does the legal process work?

A: In order to create a Montana surrogacy agreement, you will need to work with an experienced surrogacy attorney, regardless of whether you are an intended parent or prospective surrogate. You and your surrogacy partner will need to be represented by separate surrogacy attorneys to best protect your rights and interests during the surrogacy process.

These attorneys will negotiate a legal document that addresses both parties’ goals and expectations for the surrogacy process. This surrogacy contract should include issues like:

  • The rights and responsibilities of each party
  • The potential risks and liabilities for each party
  • Surrogate compensation and other financial information
  • Contact expectations before, during and after the surrogacy
  • How the intended parents’ rights will be established
  • And more

Only after your Montana surrogacy contract is finalized and signed can you begin the medical process of surrogacy, because many fertility professionals will require a contract before starting treatment.

Q: Are surrogacy contracts (whether compensated or altruistic) enforceable in Montana?

A: While there are no surrogacy laws in Montana specifically stating that contracts are enforceable, courts are generally favorable to the process — implying that these contracts would be upheld in a court of law if a dispute were to arise.

Q: What are the surrogacy laws in Montana on parentage orders?

A: The practices on parentage orders in Montana usually depend upon the overseeing court and judge. Generally, courts will grant pre-birth parentage orders to married or unmarried couples and individuals when there is a genetic relationship to the child. The availability of parentage orders to individuals and couples with no genetic link to a child is more often determined on a case-by-case basis.

In Montana, married intended parents often have stronger legal support for establishing parental rights. The basis of a joint petition for unmarried intended parents may be questioned, depending on the overseeing judge.

Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in Montana?

A: No, there are no particular surrogacy laws in Montana for international intended parents. However, these parents should always speak with an immigration lawyer, as well as a surrogacy lawyer, to determine what legal steps are needed in their situation.

Q: When do intended parents need to complete an adoption after birth? 

A: While most intended parents in Montana can obtain a pre-birth parentage order in their surrogacy journey, if a court does not grant a parentage order, an adoption may be needed after birth. In addition, those completing a traditional surrogacy may also need to complete a post-birth adoption.

Please speak with a Montana surrogacy attorney for details about the legal steps you’ll need to take.

Q: Does Montana allow second-parent adoptions? Who would need to complete a second-parent adoption vs. a stepparent adoption (if applicable)?

A: Yes, Montana does allow for second-parent adoptions. Therefore, unmarried intended parents who cannot obtain a parentage order can complete a second-parent adoption, while married intended parents can complete a stepparent adoption in this state.

Q: What happens in cases where intended parents use a donor egg, sperm or embryo?

A: In most Montana surrogacies, the use of a donor gamete does not affect the availability of a parentage order. However, because this availability depends upon the court overseeing the surrogacy, this will always be on a case-by-case basis. A local surrogacy attorney can provide the best legal advice for these situations.

Q: Are there any additional laws impacting same-sex surrogacy in Montana?

A: No. LGBT intended parents are treated the same in a Montana surrogacy as heteronormative intended parents.


Want to learn more about surrogacy in Montana and how American Surrogacy can help guide you through this process? First, know that our surrogacy agency welcomes intended parents and surrogates from this state, and our surrogacy specialists will be happy to provide the case management and support services you need.

To get started with your surrogacy in Montana or to talk with our surrogacy specialists about the surrogacy process, please contact us at 1-800-875-2229(BABY).

American Surrogacy makes no guarantee the information in this article is accurate and up-to-date. Surrogacy laws in Montana are always subject to change, so please contact an experienced Montana surrogacy attorney for more information on the current state of surrogacy in Montana.