Learn About Third-Party Assisted Reproduction & Surrogacy Law in Iowa
Everything you need to know about fertility law in Iowa, including surrogacy.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Key Legal Requirements for Surrogacy in Iowa
- Gestational surrogacy is permitted, including compensated arrangements.
- Highly recommended to enter into a Gestational Surrogacy Agreement.
- Parentage is established through pre-birth orders, post-birth orders or adoption depending on genetic connection.
- Court involvement is required to secure a parentage order.
Iowa Surrogacy Law: What You Need to Know
Iowa permits surrogacy for married and unmarried couples, same-sex couples, and single parents. With a properly executed Gestational Surrogacy Agreement and attorney guidance, intended parents can expect the issuance of parentage orders, them as legal parents.
Iowa Surrogacy at a Glance | Compensated Surrogacy | Allowed |
|---|---|
| Same-Sex Couples | Allowed, but the non-genetic parent will need to adopt the child. |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed, but marriage could create a smoother legal path to establishing legal parenthood |
| Pre-Birth Parentage Orders | Allowed |
| Gestational Surrogacy | Permitted |
| Traditional Surrogacy | Permitted, but more legally complex and less common |
| Surrogacy Agreement | It is highly recommended for all parties to enter into a Gestational Surrogacy Agreement prior to an embryo transfer |
| Legal Representation | Independent legal representation for each party is recommended |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy, addressed in the gestational surrogacy agreement |
| Parental Rights for Non-Genetic Intended Parents | Allowed – often through a post-birth parentage proceeding or adoption |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for parentage orders |
| Birth Certificate | The birth certificate is typically available within 3-4 weeks post-birth |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: 4-8 weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney for personalized advice.