Nebraska

Gestational Surrogacy Is Illegal in Nebraska
Compensated gestational surrogacy prohibited and found to be void and unenforceable under Nebraska law (Neb. Rev. Stat. Ann. § 25-21, 200). The statute explicitly prohibits “a woman from being compensated for bearing a child of a man who is not her husband” (Neb. Rev. Stat. Ann. § 25-21,200).The statute also states “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 (Neb. Rev. Stat. Ann. § 25-21,200). This clause has allowed for non-compensated surrogacy to continue only if the biological father is married to the intended mother. In such a case, only the biological father can obtain a post-birth order, requiring a 2-step process. The altruistic gestational carrier is initially named on the birth certificate with the biological father and then the couple must return to their home state to obtain a stepparent adoption for the intended mother.

For personalized legal advice and assistance, consult with a reputable reproductive law attorney in Nebraska.