Surrogacy is legal in Nebraska. There is no law against surrogacy, and you cannot be fined or charged with a crime for pursuing a surrogacy journey in Nebraska. However, Nebraska is not an ideal state for surrogacy arrangements. Why? Because Nebraska law makes compensated surrogacy agreements unenforceable. This means that if an intended parent and a surrogate get into a dispute over the surrogacy agreement, a Nebraska court will not step in to resolve the matter.
Although the law is not ideal for surrogates and intended parents, surrogacy is still available in Nebraska. A genetic parent may assert their parentage from birth, rather than waiting for an adoption. There are also ways to make sure that the surrogate is not declared the legal mother of the child. A maternity affidavit, for example, allows a genetic intended mother to be placed on the birth certificate instead of the surrogate. Although adoption will sometimes be necessary, particularly stepparent adoption, surrogacy is still possible in Nebraska.
Because compensated surrogacy agreements will not be enforced by a court, intended parents and surrogates should exercise extra caution before beginning a surrogacy journey. Physical health screenings, mental health screenings, and legal counsel are essential to ensure that surrogates and intended parents can work together well. Because the law will not come to your rescue when something goes wrong, you need to take extra steps to limit risk. Very few surrogacy journeys turn sour when proper screening is done and experienced attorneys are hired.
If you are considering becoming a surrogate or an intended parent in Nebraska, contact Gehling Osborn Law Firm for experienced surrogacy counsel.