What You Need to Know About Surrogacy in Nebraska

What You Need to Know About Surrogacy in Nebraska

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Nebraska Surrogacy Laws and Information

Surrogacy in Nebraska is a complicated process. Although there are intended parents and surrogates who pursue this family-building path in this state, there are also legal stipulations and complications that can make the process extremely risky for those involved.

There is only one surrogacy law in Nebraska — and it’s not very favorable to the process. Surrogacy contracts cannot be enforced in this state, meaning that Nebraska surrogacy is largely a process that depends upon the integrity of intended parents and surrogates. Because of this, surrogacy in Nebraska is a process that many surrogacy professionals would not recommend.

However, you always have the right to pursue surrogacy in Nebraska should you desire to. Before doing so, make sure you understand the legal requirements you will be subject to. Below, you’ll find some answers to your commonly asked questions about surrogacy in Nebraska, but it’s highly recommended that you speak with a local surrogacy attorney in Nebraska for the most current legal information.

Q: Is surrogacy legal in Nebraska?

A: Yes, surrogacy is legal in Nebraska. However, Nebraska surrogacy laws hold that a “surrogate parenthood contract entered into shall be void and unenforceable,” including agreements in which a surrogate is “compensated for bearing a child of a man who is not her husband.”

Despite these restrictions and increased legal risks, intended parents and surrogates continue to engage in surrogacy arrangements in Nebraska. Because of the increased legal risk, it’s important that you speak with a Nebraska surrogacy attorney before you choose this path.

Q: Is compensated surrogacy legal in Nebraska?

A: No. Commercial surrogacy is illegal in Nebraska.

Q: Is traditional surrogacy legal in Nebraska?

A: The Nebraska surrogacy statute does not distinguish traditional surrogacy from gestational surrogacy, so traditional surrogacy contracts in Nebraska are also void and unenforceable. While that doesn’t necessary mean traditional surrogacy is illegal in Nebraska, it adds more complications to the legal process of terminating a surrogate’s parental rights after birth.

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

A: Because surrogacy contracts are void and unenforceable, all surrogacy agreements must be created as “memoranda of understanding” rather than “surrogacy contracts.” This legal document comes with risk, as it is not as legally binding as a contract and could lead to legal repercussions if any dispute between the parties arose.

To learn more about surrogacy agreements in Nebraska and the legal process involved, please contact a local Nebraska surrogacy attorney. They can best inform you of the current legal process and any potential risks involved for intended parents and surrogates creating these documents.

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

A: No. Surrogacy contracts, under the law, are void and unenforceable in court.

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

A:  The Nebraska surrogacy laws recognize that a biological father shall have all rights to a child born via surrogacy. Therefore, courts will in practice grant post-birth parentage orders only to genetic fathers. The spouse or partner of that father will usually have to complete an adoption to establish their parental rights.

There are no pre-birth orders in Nebraska, and gestational carriers are initially named on birth certificates with a biological father. Nebraska will amend the birth certificate after an adoption is completed by the other intended parent, if applicable. Nebraska Vital Records will not honor a pre-birth order from another state.

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

A: There are no particular surrogacy laws in Nebraska that specifically apply to international intended parents. Instead, all laws for domestic intended parents will apply, as well as any legal requirements for immigration back to the intended parents’ home country.

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

A: As mentioned, the partner or spouse of the genetic father of a child born via surrogacy will need to complete an adoption to protect their parental rights, whether or not they are genetically related to the child born via surrogacy.

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

A: Second-parent adoptions are not available in Nebraska, and the state will not honor a second-parent adoption from another state. A Nebraska couple must be married and complete a stepparent adoption to establish parental rights.

Q: If intended parents cannot complete a second parent adoption, how can unmarried non-biological intended parents protect their parental rights?

A: They cannot; the spouse of a biological intended father in a Nebraska surrogacy must be married to him in order to establish parental rights in an adoption after birth.

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

A: There are no laws in Nebraska that address egg, sperm or embryo donation, which means the Nebraska surrogacy law regarding a biological father is the overseeing legislation in this situation. Therefore, the spouse of a biological father will need to complete an adoption after birth in order to establish parental rights. If a sperm donation is used to conceive the child born via surrogacy, both intended parents may need to adopt their child after birth.

Because these surrogacy situations can be complicated in Nebraska, please reach out to a local surrogacy attorney in Nebraska to learn what steps will be needed for your particular circumstances.

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

A: No. There are no particular Nebraska surrogacy laws that specifically affect LGBT intended parents in this state.

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Whether you are an intended parent or a prospective surrogate in Nebraska, you should fully consider all the potential risks and complications of a surrogacy in your home state before choosing this path. There are many other states that can provide a safer surrogacy process for you, and our specialists at American Surrogacy will always ensure you receive the case management and support services you need during this complicated journey.

To learn more about our agency program, please contact our specialists at 1-800-875-2229(BABY).

While American Surrogacy has made every effort to include up-to-date information about surrogacy laws in Nebraska, those laws are always subject to change. This article should not be taken as legal advice, and we make no guarantee that the information presented within is the most accurate available. Please contact a Nebraska surrogacy attorney to learn more about completing a surrogacy in this state.