Missouri surrogacy laws & gestational process guidelines

Is Gestational Surrogacy Legal in Missouri?

Yes. While there is no specific statute or case law addressing surrogacy; therefore, it is considered legal.

Is Traditional Surrogacy Legal in Missouri?

Yes. Traditional Surrogacy agreements are permitted in Missouri, but the non-biological parent may be subject to adoption-related restrictions such as a six-month waiting period and criminal background checks. If the Intended Father is genetically linked to the child, the traditional surrogate and the Intended Father complete a voluntary acknowledgment of paternity, which allows the Intended Father’s name to go directly onto the birth certificate. The Intended Mother may then file a parentage action or adoption (not recommended) or some hybrid of the two.

Although there are no specific traditional surrogacy laws in Missouri to legally prohibit this method of surrogacy, there are increased legal risks associated with traditional surrogacy for all parties. This, along with the emotional complexities associated with traditional surrogacy, has made gestational surrogacy the preferred method for both intended parents and surrogates.

Is Compensated Surrogacy Legal in Missouri?

Yes. Compensated surrogacy is legal in Missouri; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, Surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:

• 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 agency

Creating a Missouri Surrogacy Contract

Because there are no surrogacy laws in Missouri, there are no specific legal regulations that must be followed when drafting a Missouri surrogacy contract. However, intended parents and surrogates must be represented by separate surrogacy attorneys to ensure that each parties’ rights and interests are protected. The two attorneys will negotiate an agreement that addresses at least the following:

• Rights and responsibilities of each party
• Potential risks and liabilities of each party
• Surrogate compensation and other financial information
• Contact expectations before, during and after the surrogacy process
• Plans for the hospital stay
• Steps for establishing the intended parents’ parental rights
• And more

Determining Legal Parentage in Missouri

Missouri surrogacy legislation does not permit pre-birth orders to confirm the intended parents’ legal rights as parents; therefore, a post-birth parentage order must be filed. Although pre-birth orders are not issued in Missouri prior to delivery, a parentage order may be filed prior to delivery and will become effective soon after the child is born. Post-birth orders are most likely to be granted to single intended parents or married intended parents when at least one of them is genetically related to the child. For same-sex or unmarried couples or when neither intended parent is genetically related to the child, it may still be possible to obtain a post-birth order but results vary by county and judge.