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Surrogacy in Iowa
Surrogacy is a third-party assisted reproductive technology procedure in which a woman carries a child for another woman or couple. Women who have had recurrent miscarriages or abnormalities of the uterus may be good candidates to use a surrogate, as are gay men.
Surrogacy is a contractual arrangement. A gestational surrogate is implanted with an embryo created by the intended parents' sperm, or donor sperm and/or eggs. The surrogate carries that child and because her eggs are not used the child is not related biologically to her.
Surrogacy Laws in Iowa
Like many states, there are no explicit laws on the Iowa books that deal with surrogacy. However, Iowa law does appear to accept surrogacy agreements, and does not seem to label them as against public policy.
This law can be found in the Iowa Code Chapter 110, under the category of “Purchase or Sale of an Individual.” Under this law, the sale of a human being is against the law. However, the law explicitly differentiates surrogacy from this point.
Surrogacy agreements are not included in this prohibition. The law states it does not apply to surrogacy agreements, which is defined as “an arrangement whereby a female agrees to be artificially inseminated with the semen of a donor, to bear a child, and to relinquish all rights regarding that child to the donor or donor couple.”
Iowa does not have any prohibitions against gay or lesbian couples jointly adopting children, or adopting the children of a same sex partner. Additionally, since gay and lesbian couples are allowed to marry in Iowa, it appears as if the state would allow a surrogacy agreement involving gay couples.
Iowa Surrogacy Agencies
Individuals or couples who choose to use a surrogate can be matched with one through a fertility clinic or a surrogacy agency. Programs require extensive physical and psychological screening of the surrogates before they can begin the surrogacy process.
There is one local surrogacy agency in Iowa:
- Heartland Surrogacy
The following surrogacy agencies work with Iowa residents:
- Surrogacy Agency in Iowa
- The Surrogacy SOURCE
Because surrogacy is considered legally complex, it is recommended you retain the services of a lawyer who specializes in reproductive law before you begin the surrogacy process.