Surrogacy helps families grow in Nebraska, but the state holds a specific legal standard. Nebraska statutes declare compensated surrogacy contracts "void and unenforceable."
Despite this, creating a contract remains a necessary step. The document acts as a formal record of your agreement. It forces a conversation about finances, medical risks, and parental rights, confirming that everyone holds the same expectations before the process begins.
American Surrogacy provides the education you need to navigate these laws. We help you build an arrangement based on transparency and trust, providing a secure path forward even within Nebraska's unique rules.
What Should be Included in a Surrogacy Contract?
Nebraska law limits how a judge can enforce these agreements, but writing them down is still the most practical way to protect your relationship. In this state, the document functions as a blueprint of shared intent.
A comprehensive agreement creates clarity on:
- Financial terms: Because compensated contracts are unenforceable, outlining the reimbursement of expenses is essential. You must clearly define what constitutes a reasonable expense to avoid confusion later.
- Parental intent: The agreement establishes the clear intent of the parents to raise the child. This supports the legal proceedings that happen after birth.
- Medical and social expectations: This section acknowledges the risks of IVF and sets expectations for communication during the pregnancy.
Working with an agency ensures your agreement respects local restrictions while establishing a clear plan.
Legal Clearance Before Transfer
Before medical procedures begin, you must reach "legal clearance." In Nebraska, this step ensures every party fully understands the legal risks they are accepting.
The process prevents false assumptions:
Step 1. Drafting: The intended parents' attorney drafts the agreement, paying attention to Nebraska's specific statutes regarding compensation and parentage.
Step 2. Independent review: The surrogate has her own attorney review the document to ensure she understands the legal reality of the contract.
Step 3. Consensus: Both parties discuss and adjust the terms until everyone feels secure.
Step 4. Signing: The document is signed, serving as a formal declaration of intent.
Step 5. Clinic notification: American Surrogacy notifies the fertility clinic that the legal phase is complete.
Can Surrogacy Contracts be Enforced in Nebraska?
Intended parents often ask if these contracts hold up in court. Under Nebraska law, a "surrogate parenthood contract" is expressly declared void and unenforceable if the woman is compensated.
This means you cannot rely on a contract to resolve disputes in court. If a disagreement arises, a judge generally cannot intervene to enforce the terms.
Because the contract offers limited protection in court, your security comes from the screening provided by your agency. American Surrogacy connects you with attorneys who specialize in these laws to ensure you understand the legal landscape before moving forward.
What Happens if a Surrogacy Contract is Breached?
In states with different laws, a breach of contract is handled in court. In Nebraska, legal remedies are limited because the contract is likely unenforceable.
If a breach occurs, it is difficult to legally force a party to pay promised compensation or to compel a surrogate to follow lifestyle restrictions. This is why we emphasize prevention. When you work with an agency, the primary protection is the rigorous screening that ensures you are matched with someone trustworthy.
Fair Surrogacy Compensation and Payment Structure
Compensation in Nebraska requires specific knowledge of the law. The statute invalidates contracts that include compensation, but it does not strictly make the act of surrogacy illegal—just the enforcement of the payment terms.
Many families and surrogates still agree to fair compensation based on mutual trust.
- Expense reimbursement: Nebraska law generally allows for the reimbursement of actual expenses, such as medical costs and maternity needs.
- Escrow management: Using a secure escrow account is necessary. It ensures that funds are verified before pregnancy begins, providing financial security that the contract cannot.
Medical Decisions and Control During Pregnancy
The person carrying the child retains bodily autonomy in any pregnancy. In Nebraska, this is reinforced because any contract restricting her behavior is unenforceable.
The agreement outlines the intended parents' desires regarding the choice of doctor and medical procedures. However, the surrogate has the ultimate right to make decisions about her own healthcare.
You cannot rely on a contract to enforce medical decisions. You must rely on the matching process. We focus on finding a match who shares your exact views on medical care before the process begins.
Termination and selective reduction clauses
Topics like termination and selective reduction are difficult but necessary to discuss. Your agreement will outline the circumstances under which the intended parents would hope to terminate a pregnancy (e.g., severe genetic defects).
In Nebraska, you cannot legally force a surrogate to terminate a pregnancy, nor can you force her to carry to term against her will. Alignment on these moral issues is the only real protection you have.
Lifestyle Clauses
Intended parents want to ensure the healthiest environment for their baby. Your agreement will likely include standard expectations regarding travel, substance use, and diet.
Since a judge won't step in to stop a surrogate from traveling or eating specific foods, the trust established during the agency screening process is your safeguard.
Delivery Plans and Post-Birth Expectations
Nebraska does not generally grant pre-birth orders to secure rights before delivery. The legal work often happens after the baby arrives.
- Birth certificate: Initially, the surrogate is presumed to be the legal mother.
- Acknowledgement of maternity: A genetic intended mother can often sign a notarized "Acknowledgement of Maternity" at the hospital.
- Adoption: For non-genetic parents, a post-birth adoption is required to secure legal parental rights.
Your agreement outlines the birth plan—who cuts the cord, who holds the baby first—so these emotional moments are reserved for the intended parents while the legal process is finalized.
Insurance Requirements
Ensuring financial protection through insurance is necessary given the legal environment in Nebraska.
You must verify if the surrogate’s policy contains a "surrogacy exclusion." If it does, intended parents are responsible for purchasing a standalone policy. Checking states that mandate IVF coverage can sometimes help clarify what might be covered in her own policy.
It is also standard practice to purchase a life insurance policy for the surrogate to protect her family. For more details, read our guide on surrogacy insurance for intended parents.
Agency vs. Independent Surrogacy
Independent surrogacy in Nebraska removes the support system that makes this process safe. Without an agency, you are personally responsible for vetting a stranger in a state where your contract is unenforceable.
American Surrogacy protects you by:
- Screening: We conduct rigorous background checks to find candidates committed for the right reasons.
- Coordination: We manage the complex logistics of insurance and escrow so you don't have to.
- Legal guidance: We connect you with attorneys who can navigate the post-birth parentage process correctly.
Ensure your Nebraska Surrogacy Contract Covers every Detail
Surrogacy in Nebraska requires a careful, informed approach. You need more than just a template contract; you need a partner who understands the specific requirements of the state.
Get free surrogacy information today to learn how American Surrogacy helps you build a secure path to parenthood.