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Nebraska Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Nebraska 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 Nebraska surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed 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 Nebraska 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?

      All surrogacy contracts are statutorily declared void and unenforceable in Nebraska. However, surrogacy continues to be a legal practice in the state. Nevertheless, engaging in a surrogacy arrangement in Nebraska carries a notable level of risk due to the statutory restrictions the state places on surrogacy and all parties should exercise a certain level of caution when proceeding with such an arrangement in the state.

    • Does the state have surrogacy laws and/or case law?

      Nebraska statutory law declares all surrogacy contracts to be void and unenforceable. Violation of this statute carries criminal penalties. However, the language of the statute does allow surrogacy in limited scenarios. The statute specifically governs compensated surrogacy arrangements, so uncompensated surrogacy arrangements may not carry the same penalties.

      In addition, language in that same statute also provides some support for the permissibility of surrogacy practice in the state. In particular, the statute provides that “the biological father” of a resulting child “shall have all the rights and obligations imposed by law with respect to such child.”

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      Overall, Nebraska courts are typically unfavorable towards surrogacy arrangements. In limited situations, a Nebraska court may treat a surrogacy arrangement favorably.

    • Is commercial surrogacy legal?

      No, compensated surrogacy arrangements are specifically prohibited by statute in Nebraska and penalties may be imposed if found in violation of said statute.

    • Is traditional surrogacy permitted?

      Yes, traditional surrogacy is technically permitted in the state because no statute directly prohibits it. However, the Nebraska surrogacy statute holds all surrogate contracts (including traditional surrogacy contracts) as void and unenforceable. Thus, although there are no statutory laws that specifically prohibit traditional surrogacy, it is a particularly risky practice in the state because a Nebraska court may find the agreement unenforceable if challenged.

    • Is gestational surrogacy allowed?

      Yes. Despite Nebraska’s statutory language holding surrogacy contracts as void and unenforceable, the practice of surrogacy continues to be allowed in the state. However, due to the statutory restrictions, signing a surrogacy arrangement in the state comes with a higher level of risk than it would in other states.

    • What are the requirements for an enforceable surrogacy contract?

      Because all surrogacy contracts are statutorily declared void and unenforceable, any surrogacy arrangement signed in Nebraska must be put into writing and drafted as a “Memorandum of Understanding” instead of an actual contract. This Memorandum is not legally binding, so it carries a degree of risk that it may not be enforced or upheld if a dispute later arises between the parties.

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


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


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

      The timeframe for birth certificate delivery varies depending on the Vital Records office. With same-sex parents, only one parent will be listed, either Mother or Father.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier. They cannot obtain an initial birth certificate that names the biological father only, but they can subsequently obtain a birth certificate that names the biological father only, with no mention of the surrogate. They cannot subsequently obtain a birth certificate that names both fathers only, with no mention of the surrogate, because the state only permits the biological father to be named, not both fathers.

    • Are post-birth adoptions permitted?

      Pre-birth parentage orders are prohibited in the state of Nebraska, but courts may grant post-birth orders to biological fathers. All other intended parents must go through a post-birth adoption process.

    • Can both intended parents declared the legal parents?

      No, only the biological intended father may be named on a parentage order (or birth certificate), thus requiring a post-birth adoption for any spouse of the biological father to obtain parental rights to the resulting child.

    • Are second-parent adoptions permitted?

      Second-parent adoptions are not permitted in Nebraska and so unmarried intended parents will be required to pursue a second-parent adoption outside the state in order to secure his or her legal parental rights. Nebraska will not honor a second-parent adoption order issued by another state.

    • Are stepparent adoptions permitted?

      Stepparent adoptions are permitted and are available to married couples.

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.