Surrogacy in Nebraska

Surrogacy in Nebraska

Under Nebraska law, compensated gestational surrogacy agreements are void and unenforceable. R.R.S. Neb. 25-21, 200. While Nebraska’s statute renders compensated surrogacy contracts unenforceable, it does not render surrogacy illegal. Rather, Nebraska’s statute provides: “the biological father of a child born pursuant to such a [surrogacy] contract shall have all the rights and obligations imposed by law with respect to such child.” Moreover, in 2020, Nebraska enacted an “Acknowledgement of Maternity” statute ensuring that a child’s genetic mother can establish parentage rights to her child even if she is not the person who birthed such child (R.R.S. Neb. 71-604.02).

In practice, Nebraska provides a path to parenthood for genetic intended parents whose child is born in Nebraska: they may sign an affidavit immediately after birth that ensures vital records will list their names on the child’s birth certificate. Because a birth certificate alone does not legally confer parentage rights, genetic intended parents may also undertake a post-birth confirmatory adoption in their home state or a parentage order in their home state.

Nebraska courts grant adoption orders to both LGBTQ+ and heterosexual genetic parents who use their own gametes, and whose pregnancy was carried by a gestational surrogate (regardless of compensation). Non-genetic intended parents may then undertake a second-parent adoption in their home state.

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