Learn About Third-Party Assisted Reproduction & Surrogacy Law in Louisiana
Everything you need to know about fertility law in Louisiana, 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 Louisiana
- Compensated gestational surrogacy is NOT permitted.
- Only married heterosexual intended parents can pursue uncompensated gestational surrogacy in Louisiana.
- You can only pursue gestational surrogacy when no donors were used to create the embryos.
- All parties must enter into a Gestational Surrogacy Agreement.
- Intended parents must obtain court approval prior to an embryo transfer.
- All partes must reside in Louisiana for at least 180 days prior to an embryo transfer.
Louisiana Surrogacy Law: What You Need to Know
Louisiana only permits uncompensated gestational surrogacy for married heterosexual couples that are able to use their own gametes to create embryos.
Louisiana Surrogacy at a Glance | Compensated Surrogacy | Not Allowed |
|---|---|
| Same-Sex Couples | Not Allowed |
| Single Parents | Not Allowed |
| Married Intended Parents | Allowed if heterosexual |
| Unmarried Intended Parents | Not Allowed |
| Pre-Birth Parentage Orders | Allowed if all requirements are met |
| Gestational Surrogacy | Permitted (strict requirements) |
| Traditional Surrogacy | Not Permitted |
| Surrogacy Agreement | All parties must 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 | Not Allowed |
| 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 6-10 months post-birth |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: several months |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney for personalized advice.