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Montana Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Montana surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Montana surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed numerous finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Montana surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Yes. Montana does not have any statutes or published case law prohibiting it. Montana courts are generally favorable toward surrogacy arrangements.

    • Is commercial surrogacy legal?

      Yes, but the limits on surrogate payment are unknown.

    • Is traditional surrogacy allowed?


    • Is gestational surrogacy allowed?


    • What are the requirements of an enforceable surrogacy contract?

      There are no straightforward rules. Instead, each judge makes these decisions on a case-by-case basis. However, the intended parents and the gestational surrogate (and her spouse, if applicable) should have independent legal counsel.

    • Can both intended parents be declared the legal parents?

      Yes, if at least one parent is genetically related to the child. This is so, regardless of the marital status and sexual orientation of the intended parents.

      If the intended parents are using an egg or sperm donor, they have a better chance of both being declared the legal parents in a pre-birth order IF they are married.

      If neither intended parent is genetically related to the child, the answer is most likely no.

    • Are pre-birth and post-birth orders permitted?

      Yes, Montana courts will generally grant pre-birth orders when at least one intended parent has a genetic relationship to the child, regardless of whether the intended parents are married, unmarried or single. However, the non-genetically related intended parent in an unmarried couple has a weaker legal basis for obtaining parental rights.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The timeframe is 5 to 10 days after the birth. You can get it expedited (3 business days) for a fee. The parents can be on the birth certificate as “Mother,” “Father” or “Parent.”

      International same-sex male couples can obtain an initial birth certificate that names the biological father and gestational carrier, but a post birth order might be needed. They can also obtain an initial birth certificate that names only the biological father; and/or subsequently obtain a birth certificate that names only the biological father or both fathers, with no mention of the gestational carrier.

    • Are post-birth adoptions permitted?

      In Montana, post-birth adoptions are generally necessary in situations involving traditional surrogacy arrangements or when the intended parents cannot obtain a pre-birth order.

    • Are second parent and stepparent adoptions permitted?

      Yes, in Montana, unmarried intended parents who cannot obtain a parentage order can file for a second parent adoption to obtain parental rights. Montana will honor a second parent adoption order from another state. Married intended parents who cannot obtain a parentage order can file for a stepparent adoption to secure their legal parental rights.

    • Will the state honor a pre-birth order from another state?

      Yes, but domestication may be required.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.