Surrogacy Laws in Louisiana
Simply put: Louisiana is absolutely not a surrogacy-friendly location. Gestational surrogacy is heavily restricted in the state and traditional surrogacy is banned outright. The laws exclude a majority of Louisiana families who could benefit from surrogacy and prevent surrogates from receiving fair compensation for their role. Most people living in the state will not be able to start or complete a journey locally.
In Louisiana, surrogacy is limited to married heterosexual Intended Parents where the embryo is biologically related to both parents (i.e. egg and sperm donors are not permitted). Surrogacy must also be done altruistically meaning that no compensation for the surrogate is allowed. Both the Intended Parents and the surrogate must be residents of the state. This inherently excludes International Intended Parents.
If that wasn’t restrictive enough, Louisiana’s surrogacy laws also regulate the surrogacy contracts themselves. Surrogacy contracts must include language that no compensation for the surrogate is permitted and that requiring or recommending the termination of a fetus(es) for any reason including potential disabilities or dire health consequences is prohibited. Surrogacy agreements must be signed by both Intended Parents and by the surrogate along with her spouse (if she is married). Additionally, a contract is only deemed enforceable if the court has approved the contract in advance of any embryo transfers.
If you are a Louisiana resident interested in being a surrogate for an altruistic journey, that’s truly an amazing selfless act – you are a very special person! Because of the restrictions in the state, however, Surrogacy Place does not currently allow surrogates who are residents of Louisiana to register for a profile on the site.
If you’d like more information on whether surrogacy is possible given the legal restrictions in the state, contact an Assisted Reproduction attorney in the state who can give you an honest assessment.
Surrogacy Place has a list of attorneys as a reference. If your state is not represented, you may wish to check back soon.
Please note: failure to comply with Louisiana’s surrogacy regulations may result in fines and/or up to 10 years imprisonment, so tread very careful. You will need an attorney to guide you.
Does surrogacy exist in Louisiana?
Yes, although it’s challenging to find Intended Parents and surrogates who meet the restrictions put in place under state law.
Who can use the services of a surrogate in Louisiana?
Surrogacy is restricted to married Intended Parents with both of their gametes being used to create the embryo. This means the biological mother and father created an embryo and are also the ones seeking surrogacy services. They must find a surrogate willing to do an uncompensated surrogacy journey as a gestational carrier. This is certainly a tall order.
Courts in Louisiana are able to grant pre-birth orders to Intended Parents who meet the gestational surrogacy restrictions. Do note that Louisiana courts will not honor pre-birth orders from other states. If you’re a Louisiana Intended Parent utilizing the services of a surrogate from another state, please note that you may have to complete a post-birth adoption, including in another state before returning home.
Reproductive healthcare: considerations for pregnancies in Louisiana
Abortion is illegal in Louisiana in nearly all circumstances. On paper, there’s exceptions to save a pregnant woman’s life or to prevent serious risk to her physical health, practically speaking most physicians do not want to risk a felony and over a decade in jail in making a judgement call. If you’re considering an altruistic journey in Louisiana, you should discuss what to do if unexpected pregnancy complications arise including (if available) the option to travel to another state to receive care.
If you’re a Louisiana resident interested in becoming a surrogate, it’s highly illegal for Intended Parents to suggest or offer incentives for you to move to another state so that you can start a surrogacy journey on their behalf. For more information on who relocation for the sole purpose of surrogacy is ill advised speak to a licensed Assisted Reproduction attorney.
Amazing, but beyond making sure your Intended Parents meet the requirements, there are health requirements as well. Not everyone meets the medical standards for a high probability of a safe pregnancy. Our quiz has some of the requirements surrogates in all states are usually expected to meet.
Some of the Louisiana-specific and general guidelines:
- Surrogates must be between 25 and 35 years old.
- Must be a gestational carrier with both Intended Parents biologically related to the child(ren).
- Surrogates must have given birth to at least one child.
- Surrogates must certify in writing that she will relinquish all parental rights to any resulting children
- Surrogates are required to attend at least one post-birth counseling session and undergo a minimum of two counseling sessions with licensed mental health professionals.
- Surrogates should not have had prior pregnancy complications.
- Surrogates should not use recreational drugs or drink alcohol during pregnancy.
- In overall excellent health with a BMI under 32.
- Not receiving any financial assistance from the government including Section Housing and SNAP benefits.
If you meet all the qualifications ostensibly do know that only a qualified clinic/Reproductive Endocrinologist can evaluate prospective surrogates and their medical histories.
If you’re interested in becoming a surrogate, we have some general guidelines, though Louisiana has many more restrictions than most states and interested surrogates need to keep that in mind.
Learn why many surrogates prefer to match independently broadly.
Independent surrogacy journeys in Louisiana
Agencies will not accept surrogates from Louisiana due to the heavy restrictions there. Nevertheless if you meet all the requirements, independent surrogacy is technically possible. Unfortunately, Surrogacy Place does not allow Louisiana residents to sign up for surrogates on our platform. Intended Parents from Louisiana should consult their attorney on how to proceed including the possibility of meeting and matching with surrogates in other states.
Intended Parents who would like to make a profile to match with surrogates in other states, you can register here. Please consult with an attorney before proceeding, however,
If you’re new to surrogacy, here’s some expected surrogacy costs Intended Parents usually pay for their journey, though our guide is meant for compensated surrogacy not altruistic-only surrogacy as is exclusively practiced in Louisiana.
Looking for info on a more surrogacy-friendly state? Explore our Surrogacy Place state-by-state directory!