Gestational Surrogacy is implicitly permitted by Iowa Code. Iowa Code §710.11, which prohibits the purchase or sale of an individual expressly exempts surrogacy agreements. Iowa Code §641-99.15 outlines the steps for Vital Records to take in issuing birth certificates to children born to Gestational Carriers. In 2018 the Supreme Court of Iowa held that a gestational surrogacy contract was legally enforceable in favor of the intended biological father against a surrogate mother and her husband, who were not the child’s genetic parents. The Court noted that a contrary holding invalidating surrogacy contracts would deprive infertile couples of the opportunity to raise their own biological children and would limit the personal autonomy of women willing to serve as surrogates to carry and deliver a baby to be raised by other loving parents.
Post-Birth Orders are granted and are only available to Intended Parents who are both genetically related to the child. A partial Post-Birth Order is granted where Intended Fathers who genetically related to the child. A partial Post-Birth Order is granted where Intended Mothers are genetically related to the child. If the Gestational Carrier was not legally married at the time of conception or birth or at any time during the period between conception and birth, the birth mother and the Intended Father, who must be the biological father may complete a Voluntary Paternity Affidavit form after the birth of the child and submit the completed form to the state registrar.
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