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Surrogacy in Nebraska

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Surrogacy is an assisted reproductive technology option for individuals or couples when first-line fertility treatments were unsuccessful. In surrogacy, a woman, known as a surrogate, carries a child for an individual or a couple. Women may turn to surrogacy if they had recurrent miscarriages, abnormalities of the uterus, or if carrying a child would be harmful to their health. Gay couples may also choose surrogacy in order to have a biological connection to their child.

There are two different types of surrogates. The first is called a traditional surrogate. With traditional surrogacy, a woman is inseminated with sperm, which can come from the male partner of the intended parents or from a donor. This sperm fertilizes the traditional surrogate’s own eggs, so the resulting child is related biologically to her. With gestational surrogacy, a woman is implanted with an embryo. Because her own eggs are not used, the child is not related biologically to her.

Surrogacy Laws in Nebraska

Like many states, Nebraska has unclear laws regarding surrogacy. According to Chapter 25 of the Nebraska Revised Statues, surrogacy agreements that are compensated are considered void and unenforceable. However, since there is no law dealing with uncompensated surrogacy agreements, those may be considered legal.

According to Nebraska law, a surrogacy contract is defined as “a contract by which a woman is compensated for bearing a child of a man who is not her husband.” The law also states that the biological father of a child born through surrogacy and the surrogate will share custody jointly of the child.

Nebraska does not have any specific laws dealing with surrogacy agreements between gay couples. However, in 2002, Nebraska Supreme Court ruled that non-married couples cannot adopt a child. From this ruling, it may seem as if Nebraska would look unfavorably upon surrogacy agreements by gay couples.

Surrogacy Agencies in Nebraska

Some intended parents choose to work with a surrogacy agency to match them up with a surrogate. Although surrogacy agencies vary on their requirements, most require the surrogate to undergo physical and psychological screenings before she can continue with the surrogacy process.

The following surrogacy agency works with intended parents from Nebraska:

  • Center for Surrogate Parenting, Inc.

Some couples prefer to work with a fertility clinic for their surrogacy needs. There are two fertility clinics in Nebraska that work with surrogates.