Nebraska Surrogacy Laws

Nebraska Surrogacy Laws

There is no Nebraska case law or any state statute that prohibits intended parents from practicing gestational surrogacy or traditional surrogacy in Nebraska. Therefore, surrogacy is practiced throughout Nebraska cities like Omaha, Lincoln, and Bellevue.

However, Nebraska statute provides that a compensated surrogate parenthood contract shall be void and unenforceable, and the biological father of a child conceived pursuant to a surrogacy contract is the sole legal parent (Neb. Rev. St. § 25-21,200.). Nebraska statute defines a surrogate parenthood contract as a contract by which a woman is to be compensated for bearing a child of a man who is not her husband (Id. § 25-21,2100 (2).).  

Laws Concerning Parentage Orders in Nebraska

Nebraska does not permit its courts to grant pre-birth parentage orders. The parentage of the mother is established upon delivery of the child. Nebraska courts will grant post-birth orders, but only to the biological father of the child (Neb. Rev. St. § 43-1411.).

The biological father can be declared on the birth certificate by attesting that he is the biological father or through a court order declaring him to be the biological father (Neb. Rev. St. § 71-640.01).

Egg and Sperm Donor Law in Nebraska

There is no Nebraska case law or any state statutes governing the rights, duties, obligations, or lack thereof for individuals who donate sperm or eggs for the purposes of assisted reproduction.

Nebraska Stepparent and Second-Parent Adoption Law

Nebraska statute allows for a stepparent in Nebraska to adopt their spouse’s child as long as the stepparent and natural parent are married (Neb. Rev. St. § 43-101.). Nebraska requires the termination or relinquishment of the non-custodial parent’s rights (Id. § 43-101).

Fertility Clinics in Nebraska

Talk to Baby Steps Surrogacy Center, Inc.

Understanding Nebraska surrogacy laws is key to your ability to complete your surrogacy journey in the state. For help, speak with Baby Steps Surrogacy Center, Inc. by calling us at 412-281-9906 or reach us through the contact buttons at the top of this page.

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