GESTATIONAL SURROGACY LAW IOWA

Is Gestational Surrogacy Legal in Iowa?

Yes. Iowa statutes permit gestational surrogacy and detail the specific steps that Vital Records must take in issuing birth certificates to children born to surrogates. Case law has also upheld the validity of surrogacy. For more details, visit the
Iowa State Government website.

Is Traditional Surrogacy Legal in Iowa?

Yes. Traditional surrogacy is legal in Iowa because there are no laws prohibiting it. However, traditional surrogate journeys are rare; in these cases, the surrogate is the biological mother of the child and courts may favor the biological mother by granting her parental rights. Due to the risks associated with this path, traditional surrogacy is generally discouraged, and most attorneys will not complete a traditional surrogacy. 

Is Compensated Surrogacy Legal in Iowa?

Yes. There are no regulations regarding the base compensation a surrogate can receive for her services in Iowa; this is typically established in the surrogacy contract between the surrogate and the intended parents. In addition to base pay, surrogates are compensated for their time, the medical risks they accept, and for various expenses including:

• Mock cycle compensation
• Embryo transfer compensation
• Starting medication compensation
• Monthly allowance for miscellaneous expenses
• Monthly housekeeping budget
• Maternity clothing budget
• Medical expenses
• Travel to and from clinic/hospital
• Lost wages if applicable
• Child care if bed rest is required
• Term life insurance
• Medical insurance
• Independent legal counsel
• Psychological counseling
• Other, depending on the agency

Creating an Iowa Surrogacy Contract

There are no specific legal requirements for surrogacy contracts in Iowa. However, both the surrogate and the intended parents must be represented by separate surrogacy attorneys to protect their individual rights and interests. These attorneys will negotiate a contract that addresses at least the following:

• Surrogate compensation and other financial information
• Potential risks and liabilities of the surrogacy process
• The legal process for establishing parental rights
• Contact expectations before, during, and after the surrogacy process
• Plans for the hospital stay
• And more

The intended parents, the surrogate, and her spouse (if applicable) must consent to and sign the surrogacy contract before the medical process of surrogacy can begin. For further guidance, you may enquire the reputable legal resources for this state.

Determining Legal Parentage in Iowa

In Iowa, both pre-birth and post-birth orders are permitted. However, only partial pre-birth parentage orders are granted—and these are available only to intended fathers (not mothers) who are genetically related to the child. In Iowa,
a surrogate is considered to be the legal mother, regardless of her genetic relationship to the baby she carries. A non-genetic intended parent (father or mother) will be required to complete a post-birth adoption process to secure parental rights, while a genetically related intended mother may file for a post-birth parentage order. Intended parents will also need to terminate the surrogate’s, and her spouse’s (if applicable), parental rights. Additional legal insights are available on the
National Conference of State Legislatures website.

Typically, post-birth parentage orders are only available to intended mothers who are genetically related to the child. For more support on legal parentage and family law matters, you can also consult RESOLVE: The National Infertility Association or Give Hope Surrogacy Foundation.