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Gestational Surrogacy in Nebraska

Nebraska Surrogacy Laws

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Nebraska statute R.R.S. Neb. 25-21, 200 makes compensated surrogacy contracts void and unenforceable. The statute defines a “surrogate parenthood contract” to include circumstances when a “woman is to be compensated for bearing a child of a man who is not her husband.” Even while Nebraska’s statute makes compensated surrogacy contracts unenforceable, it does not declare them illegal. To the contrary, the same statute provides that “the biological father of a child born pursuant to such a contract shall have all the rights and obligations imposed by law with respect to such child.”

Become a Surrogate Become a Parent

Under Nebraska law, compensated 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.

Post-Birth Adoption Orders

  • No, Nebraska courts do not grant pre-birth (or post-birth) parentage orders in Nebraska. Instead, genetic parents can complete an affidavit immediately after birth to ensure they are listed on the child’s birth certificate; they may also obtain a post-birth adoption orders in their home state if they wish.
  • Yes
  • No, not even with domestication.  However, Nebraska Vital Records will honor an acknowledgement of parentage signed by the parties.
Can both Intended Parents be declared the legal parents in a post-birth adoption order if at least one parent is genetically related to the child?
Yes
No
Married heterosexual couple using own egg and own sperm:
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Yes. They can be established as parents on the birth certificate by acknowledgement post-birth; they may also obtain a post-birth adoption order in their home state, though it is not necessary.
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Married heterosexual couple using an egg donor or sperm donor:
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green checkmark
No, Nebraska courts do not grant post-birth orders. However, Vital Records recognizes acknowledgement of the genetic parent to issue the birth certificate naming the genetic parent. Therefore, the non-genetic parent must subsequently undergo a second-parent adoption in their home state.
Unmarried heterosexual couple using own egg and own sperm:
grey x
green checkmark
Nebraska courts do not grant pre or post-birth orders. Genetic parents will be recognized on the birth certificate after executing an acknowledgment. The acknowledgements can be used by married or unmarried couples. However, Nebraska requires couples to be married for adoption decrees.
Unmarried heterosexual couple using an egg donor or sperm donor:
grey x
green checkmark
Nebraska courts do not grant pre or post-birth orders. A genetic parent will be recognized on the birth certificate after executing an acknowledgment. The non-genetic parent would not be able to complete a second-parent adoption in Nebraska, but may be able to do so in their home state if available.
Married same-sex couple using an egg donor or sperm donor:
grey x
green checkmark
Nebraska courts do not grant pre or post-birth orders. A genetic parent will be recognized on the birth certificate after executing an acknowledgment. The non-genetic parent must subsequently undergo a second-parent adoption in their home state.
Unmarried same-sex couple using an egg donor or sperm donor:
grey x
green checkmark
Nebraska courts do not grant pre or post-birth orders. A genetic parent will be recognized on the birth certificate after executing an acknowledgment. The non-genetic parent must subsequently undergo a second-parent adoption in their home state. Nebraska allows second parent adoptions to only married Nebraska residents.
Single parent using own egg/sperm:
grey x
green checkmark
A genetic single parent may execute an acknowledgement and be named on the birth certificate.
Can both Intended Parents be declared the legal parents in a post-birth adoption order if no parent is genetically related to the child?
Yes
No
Married heterosexual couple:
grey x
green checkmark
A traditional adoption would need to be completed.
Unmarried heterosexual couple:
grey x
green checkmark
A traditional adoption would need to be completed. Generally, Nebraska requires that adoptive parents be married to adopt together.
Same-sex couple:
grey x
green checkmark
A traditional adoption would need to be completed.
Single parent:
grey x
green checkmark
A traditional adoption would need to be completed.

Same-Sex Couple

  • After the 2-step process (post birth adoption and second parent adoption), the parents are named as “Parent” and “Parent.”
  • The genetic father is immediately recognized on the initial birth certificate after an acknowledgement is signed after birth. The non-biological parent would need to obtain an adoption in their home country. And, given that the intended parents are international and we cannot use their residence as the jurisdictional basis in the gestational surrogacy agreement, the gestational carrier must not receive compensation for the agreement to be enforceable.
  • After the 2-step process (post birth adoption and second parent adoption) is complete, they can subsequently obtain a birth certificate naming both parents.
  • No. They would need to obtain the second parent adoption in their home state.
  • Yes

Second Parent & Stepparent Adoptions for Nebraska Residents

Note: This situation typically arises if the child is born outside the state. The parents then return to Nebraska to obtain a second parent adoption or stepparent adoption in Nebraska.

  • Yes
  • Yes

Egg & Sperm Donation

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo, or child? No

Traditional Surrogacy in Nebraska

The statute does not distinguish Traditional Surrogacy from Gestational Surrogacy.

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State Law Information Provided By The Following Attorneys Practicing Reproductive Law In This State:

Emilee Gehling

Emilee Gehling, Esq.

Sioux City, IA

Emilee@golawfirm.com

(712) 226-4600

Other Attorneys Practicing Reproductive Law In This State:

Susan Sapp

Susan Sapp, Esq.

ssapp@clinewilliams.com

(402) 474-6900

The US Surrogacy Law Map™

Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”).

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