Is Surrogacy Illegal or a Crime in Nebraska?

            Nebraska law makes compensated surrogacy agreements unenforceable, but they are not illegal.  It is not a crime to enter into a surrogacy agreement, and it is not a crime to be a surrogate or any intended parent, even in compensated surrogacy arrangements in Nebraska.

            If it isn’t a crime, why is there a law against surrogacy?

            There is an important difference between “unenforceable” and “illegal.”  Nebraska law makes surrogacy agreements unenforceable.  When an agreement or contract is unenforceable, that means a court will not make the parties follow it.  It does not mean that signing the contract will send you to jail.

            If surrogacy agreements are legal, why does it matter if they are unenforceable?

            When a court won’t enforce an agreement, it won’t make either party do anything.  If you are a party to a surrogacy agreement in Nebraska, you will not be able to ask a Nebraska court to help you.  For example, if the intended parents decide not to take the baby home, a Nebraska gestational surrogate would be considered the baby’s parent and be responsible for baby’s healthcare, expenses, and wellbeing.  On the flip side, intended parents do not have an immediate remedy if their gestational surrogate does not comply with the terms of the parties' agreement.  This makes Nebraska surrogacy less certain.

            If I want to pursue my surrogacy journey in Nebraska anyway, what should I do?

            If the intended parents and gestational carrier still want to proceed, there are several options. For instance, the parties could look at the circumstances to determine if a law other than Nebraska's would be appropriate to apply. In addition, the parties may elect to open a generous escrow account with specific terms to govern the matter. An experienced Nebraska surrogacy attorney can help you navigate the legal process, including establishing parentage when the baby is born.

            Intended parents and surrogates should approach Nebraska surrogacy cautiously.  Obtaining proper screenings of both the intended parents and surrogate, including physical and mental health screenings, can help ensure that everyone is ready for a surrogacy.  Hiring legal counsel for both parties is essential to mitigating legal risks.  A Nebraska surrogacy attorney will guide you through the legal process, leaving you to focus on what’s most important: cherishing a special journey.

            If you are considering becoming a surrogate or an intended parent in Nebraska, contact Gehling Osborn Law Firm for experienced surrogacy counsel.