Often, when people find out there are no surrogacy laws in Missouri, they worry about the possibility of building a family in this state. They may even ask, “Is surrogacy illegal in Missouri because there are no laws?”
The answer is no. Surrogacy is certainly a possibility for Missouri intended parents and surrogates. In fact, surrogacy attorney Kevin Kenney has helped many Missourians reach their personal surrogacy goals, and he can help you, too.
Like with surrogacy in any other state, surrogacy in Missouri requires the legal guidance of an experienced surrogacy lawyer. Not only is this professional assistance crucial to understanding the legal issues with surrogacy in Missouri, but it is also necessary to protecting the rights of both surrogacy parties. Surrogacy can be complicated; let attorney Kevin Kenney help guide you through it.
When you contact attorney Kevin Kenney, he will discuss your personal surrogacy situation with you and determine which Missouri surrogacy laws may apply to your circumstances. From there, he will create a plan for your legal process of surrogacy. When you’re ready to get started with your Missouri surrogacy, please call his office at 913-671-8008 to schedule a consultation.
Below, you’ll find some basic information about surrogacy laws in Missouri to get you started. Remember, this information should not be taken as legal advice; only a surrogacy attorney can provide the best guidance for your personal Missouri surrogacy.
- While there are no Missouri surrogacy laws, local courts regularly enforce the parentage facts pf surrogacy arrangements between parties.
If a state (like Missouri) has no surrogacy laws, it’s normal to be concerned about the legality of surrogacy there. While there are no surrogacy laws in Missouri expressly permitting this process, there are also no surrogacy laws in Missouri prohibiting this process. Therefore, it is a safe and legal option for intended parents and surrogates in Missouri, as long as they work with local, experienced professionals.
There are no specific statutes or case laws pointing to the enforceability of certain parts of a Missouri surrogacy contract, but there is evidence to support the enforceability of the parentage issues in Missouri surrogacy. What does this mean? In short, it means that surrogacy is indeed legal in this state.
For more detailed information on what the lack of surrogacy laws in Missouri means for you, reach out to attorney Kevin Kenney today.
- Surrogate compensation is legal, but it must be arranged very carefully by experienced surrogacy lawyers.
In Missouri, surrogates can be paid for their services — but a legal professional must take care to ensure the payment is not made for the child. After all, this would be considered human trafficking. Therefore, it’s crucial that all intended parents work closely with a surrogacy attorney to ensure this aspect is addressed legally and properly in their surrogacy contract. Specifically, the contract should explain that a surrogate is being paid for her participation in the process, the risk she is taking to get pregnant and be pregnant, caring for the fetus while pregnant, and for her time and trouble — not for giving birth to the baby.
- Traditional surrogacy is legal, although unchallenged in Missouri surrogacy courts.
Traditional surrogacy laws are a complicated issue in every part of the United States, not just Missouri. In traditional surrogacy, a surrogate is genetically related to the child she carries. Thus, she has inherent parental rights once the baby is born. This, combined with the emotional aspects of genetic relationship, can make this surrogacy process risky.
As of now, there are no traditional surrogacy cases to look to in Missouri. Therefore, if you are considering traditional surrogacy in Missouri, you will need to work closely with a surrogacy attorney from the beginning to protect the rights of every party involved.
- Pre-birth orders are not available in Missouri surrogacy.
Missouri surrogacy laws do not allow for pre-birth orders to establish parentage, regardless of the intended parents’ marital status and genetic connection to their child.
However, this does not mean that establishing parentage in Missouri is impossible. Surrogacy professionals across this state (including attorney Kevin Kenney) follow an established process to help intended parents protect their rights. It is entirely safe for hopeful parents to pursue this path, although it may take a few extra steps to protect their rights (more on that below).
- Most intended parents can obtain post-birth parentage orders, based on existing surrogacy case laws in Missouri.
In most cases, intended parents can obtain a post-birth parentage order in a Missouri surrogacy. Your surrogacy attorney will help you file this petition during the second trimester of the surrogate’s pregnancy, and a judgement will be obtained as soon as the baby is born. A birth certificate listing the intended parents will then be issued.
Post-birth parentage orders are generally issued to any parents that have a genetic connection to the child born via surrogacy. However, any non-genetically related parents — whether married or unmarried, heterosexual or homosexual — will need to complete a stepparent or second-parent adoption after the baby is born. These processes can be rather straightforward, but you will always need an experienced local surrogacy attorney to guide you through these surrogacy laws in Missouri.
While this article may answer some of your biggest questions about the legality of surrogacy in Missouri, there are many more nuances and details to be aware of before pursuing this path. This article is not intended to be and should not be taken as legal advice. Instead, please schedule a consultation with attorney Kevin Kenney to learn more about which Missouri surrogacy laws will apply in your situation.
With Kevin’s legal guidance, you can safely and efficiently make your surrogacy dreams come true.