Surrogacy in Missouri

somewhat friendly surrogacyMissouri is somewhat friendly to gestational surrogacy. Despite not giving pre-birth orders, Missouri has an effective system of post-birth orders. The state allows individuals, married or unmarried couples (same-sex or heterosexual) to get a post-birth order even if none of the Intended Parents have a genetic connection with the child. Although there is a small risk that an adoption process would be necessary if no intended parent is genetically related to the child.

Surrogacy in Missouri

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Is Surrogacy Legal in Missouri?

Surrogacy is available in Missouri due to there being no published case law or statutes specifically prohibiting or permitting surrogacy. A pre-birth order is not issued in Missouri, but Intended Parents can get a post-birth order in the state. Those who opt for surrogacy may have the option to file a parentage order before the child’s birth to become legal parents of the baby right after delivery.

Courts are more likely to issue post-birth orders when there’s a genetic relation between the child and at least one of the parents. These are issued to both married and single intended parents. Unmarried or same-sex couples can also apply for a post-birth order, but results are not guaranteed as they depend on the judge and county.
 

Missouri Surrogacy Laws at a Glance

Who can get a post-birth order in Missouri?

QuestionAnswer
Married heterosexual couple using own egg and own spermYES
Married heterosexual couple using an egg donor or sperm donorYES
Married heterosexual couple using both an egg donor and sperm donorYES

Who can get a post-birth order in Missouri?

Who can get a post-birth order in Missouri?

Who can get a post-birth order in Missouri?

 

Pre-Birth Orders in Missouri

Pre-birth orders are not granted in Missouri as the old Uniform Parentage Act (UPA) is still applicable in the state. Under the Act, the parties can file a petition before delivery, but any court order must wait until the child is born.

Surrogacy in Missouri 2

Issued by courts, a pre-birth order is a written document signed between the intended parents and surrogate before the child’s birth. It declares the intended parents as the child’s legal parents. In Missouri, parties may have the option to request a preliminary hearing during the pregnancy to avoid any issues related to parentage so that it’s easy to sign a parentage order right after birth.

Many attorneys in Missouri use this methodology to establish parental rights in the state.

 

Post-Birth Orders in Missouri

Several states require the intended parents to wait until the child’s birth to petition the court for parental rights.These “post-birth orders” are usually filed about five days after delivery.

Courts in Missouri grant post-birth orders in a variety of cases including situations where one or neither parents are genetically linked to the baby. Moreover, post-birth orders are issued in cases that involve unmarried or married couples, straight or gay individuals, or coupled or single applicants. Attorneys in the state have developed a reliable system.

In some cases the judge may decline to issue a post-birth order, leaving parents with the option to apply for adoption. This usually happens in cases where no intended parent is genetically linked to the child.

Following a post-birth order Intended Parents will be named on the birth certificate, regardless of whether or not they are genetic parents. A hearing is not required, and Intended Parents are not required to appear in court. If an order is granted, same-sex parents will each be named as “parent” on the final birth certificate. A same-sex couple can obtain an initial copy of the birth certificate showing the name of the surrogate and Intended Father.

The post-birth order option works for almost all applicants and takes between 4 to 7 days. International intended parents can get a birth certificate a few days after getting an order.

 

Surrogacy Contracts in Missouri

There are no specific laws or statutes covering surrogacy contracts in the state. Nonetheless, contracts are expected to cover potential issues and basic parentage facts. Surrogacy contracts in Missouri work for any intended parent whether they’re unmarried, single, same-sex, or heterosexual.

An agreement between the surrogate (and partner, if available) and the intended parents are mandatory in all surrogacy cases. It must be in writing and comprehensive as it dictates the relationship between the parties.

Some of the things it must cover include financial exchanges, the surrogate’s behavior during the period, and the relationship between both the parties post-birth.
The law requires individual attorneys to represent both parties. The attorneys can help both parties understand the terms of a contract and help draft and finalize it.

In cases where an agency is involved, the agency may have the responsibility to guide throughout the process and help them come to terms to avoid any problems during or after the process.

Once both parties come to terms and sign the contract, the attorneys will send a written notification called the clearance letter, to the clinic to start the process notifying that any child born as a result of the procedure will legally be considered the child of the intended parents.
 

Best Surrogacy Clinics in Missouri

There are a total of 9 fertility clinics operating in Missouri offering IVF cases; however, only 4 of these regularly perform surrogacy-related IVF cases. These can be defined as cases that involve using eggs from a donor and frozen embryo transfers, which is the most common type of surrogacy procedure performed in the US.

The success rate in the state is 38.7 percent for each embryo transfer, which is lower than the national average of 46.5 percent. This is why Missouri isn’t a leading destination for a large number of people interested in surrogacy in the US.

The top two clinics in the state offer live-birth rates higher than the national average:

 

LEGAL DISCLAIMER

All legal information in the SENSIBLE website is intended only as a guide, and not a replacement for opinions of licensed legal professionals. Some information may have changed since the time of publication, or may not apply to the particular circumstances of your case. Please consult an attorney who is licensed in the jurisdiction with authority over your journey.

About the authors

  • Author: William (Bill) Houghton

    Bill Houghton is the founder of Sensible Surrogacy, author of the Sensible Surrogacy Guide, 2x surrogacy dad, and a dedicated advocate for secure, legal and ethical Gestational Surrogacy. Read Bill's Biography
  • Reviewer: Tim Schlesinger

    In his more than 30 years of practice, Tim has become well-known for his skill and experience in the preparation of surrogacy agreements, embryo and egg donation agreements, as well as the legal actions necessary to establish parentage. He can be reached at Paule, Camazine & Blumenthal, P.C..

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