Gestational Surrogacy Regulations in Nebraska

Overview

Gestational Surrogacy is expressly prohibited under R.R.S. Neb. 25-21, 200, declaring surrogacy contracts to be void and unenforceable. Gestational Surrogacy is carried out in Nebraska regardless and the statute provides that the biological father born pursuant to a surrogacy contract shall have all the rights and obligations imposed by law with respect to such child.

Intended Parents

Age requirement:

18 years of age or older

Marriage requirement:

Yes

Married heterosexual couple:

Yes

Married same-sex couple:

Yes* (One of the parents will have to adopt the child in an uncompensated surrogacy)

Resident status:

Yes

Independent legal counsel:

Yes

Gestational Surrogates

Age requirement:

18 years of age or older

Marriage requirement:

If married/partnered:

husband’s/partner’s sperm cannot be used

Surrogate status:

Gestational Surrogacy

Resident status:

Yes

Use of own embryos:

Independent legal counsel:

Yes

Embryos

Intended Parents own sperm:

Yes

Intended Parents own eggs:

Yes

Intended Parents using sperm donor:

No*

Intended Parents using egg donor:

Yes*

Intended Parents using both egg and sperm donor:

*at least one Intended Parent must have a genetic relationship to the child; only the biological father is listed on the Birth Certificate.

Birth of Child

Birth in Nebraska:

Yes

Birth outside of Nebraska:

Pre-Birth Orders are prohibited in the state of Nebraska, but courts may grant Post-Birth Orders to biological fathers only. All other Intended Parents must go through a post-birth adoption process.

Parentage

Pre-Birth Orders:

Hearing to obtain Order:

Yes

Post-Birth Orders:

Yes

General Information

Will Nebraska Vital Records honor a Pre-Birth Order from another state:

What is the typical time frame to obtain a birth certificate after delivery:

1 week

How are same-sex parents named on the final birth certificate:

Only one Parent is listed

Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:

Yes* (Post-Birth only and if there is no compensation to the Gestational Carrier)

Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:

Yes* (Only the biological father can be listed)

Second Parent and Stepparent Adoptions for Nebraska Residents:

This situation typically arises if the child is born outside of Nebraska. The parents then return to Nebraska to obtain a second parent adoption or stepparent adoption in Nebraska. Nebraska does not permit second-parent adoptions. Please consult with your attorney on this matter if this issue is to arise.

Traditional Surrogacy in Nebraska?

Traditional Surrogacy is not distinguished from Gestational Surrogacy in the Nebraska Statute. Please consult with your local attorney before moving forward with Traditional Surrogacy.

Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.