State-by-State Surrogacy Laws: Surrogacy in Montana
Montana has been a surrogacy-friendly state for many years. Known as “Big Sky Country”, Montana is renowned for its outdoor beauty, undeveloped spaces, mountains, rivers, lakes, and national parks. Montana has at least one IVF clinic and at least four cities with Level III neonatal intensive care units (NICUs).
As Montana has no statutes or case law directly pertaining to surrogacy, parties pursuing a surrogacy in Montana will need the guidance of experienced, local, legal counsel. The information presented below is general in nature, subject to change, and should never be used as a replacement for a Montana attorney who specializes in surrogacy and parentage law and has experience working with the courts and government offices.
What types of surrogacy arrangements are permitted in Montana?
All types are permitted by practice. Montana has no restrictions on surrogacy and compensated, traditional (genetic), and gestational surrogacy are all permitted.
It is necessary to use a surrogacy agency?
Agencies provide matching services and guide parties through the surrogacy arrangement. It is not legally required that you use an agency to complete a surrogacy journey. If you forego using an agency, you will need to obtain and manage the medical, legal, and financial services needed for a successful surrogacy arrangement. Your attorney and clinic can guide you through the process. Surrogacy arrangements must comply with the law where the child will be born. It is important to consult with an experienced, local Montana attorney at the outset of your arrangement. Both the intended parents and the surrogate will need separate legal counsel to enter into a surrogacy agreement.
Yes. Intended Parents from any state or country, whether single, married, unmarried, or LGBTQ+ may become legal parents in Montana.
What is the typical legal process? Are parentage orders granted prebirth?
The typical legal process is to obtain a prebirth order of parentage and birth registration so that the intended parents will be recognized as the legal parents at the time of birth with their names going on the birth certificate. Not all counties in Montana will be familiar with this process. Additional administrative action may be needed for birth registration and a post birth parentage judgment with your child’s identifying information is recommended.
For intended parents who have no genetic or biological relationship to the child and who are not married to someone who does, the legal basis to recognize them as legal parents prior to birth is weaker. Courts nonetheless grant uncontested prebirth orders for these intended parents.
Many thanks to Montana-licensed attorney Susan G. Ridgeway for contributing the info presented above!
The Surrogacy Place site was created specifically for independent journeys. Surrogacy Place allows searches by location, as well as, various matching points to best suit your needs. Surrogates can join Surrogacy Place for free, while Intended Parents will need to pay a subscription fee to access most of the site’s features, including directly messaging matches. To register, simply visit our website and our sign-up page.
Unsure how much surrogacy costs? Here’s some of the various costs Intended Parents can expect to pay for surrogacy.
When you’re ready for your journey or even to ask questions at the onset, set up a meeting with a qualified lawyer. If you need help finding one, please visit Surrogacy Place’s attorney directory.
If you need information about surrogacy regulations from other US states, we now have a surrogacy by state compiled resources page.