Surrogacy in Missouri

Surrogacy in Missouri is considered “Somewhat Friendly”. 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 neither 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.

Jump Down this Article:

• Missouri surrogacy at-a-glance
• Pre-birth orders in Missouri
• Missouri surrogacy clinics
• FAQ for surrogacy in Missouri

Related Articles:

• How does surrogacy work?
• Managing the cost of surrogacy
• SENSIBLE low-cost programs & prices

 

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

Can married couples get a post-birth order in Missouri?

Can unmarried couples get a post-birth order in Missouri?

Can LGBT+ couples get a post-birth order in Missouri?

Can single parents get a post-birth order in Missouri?

 

Pre-Birth Orders in Missouri

Pre-birth orders are not granted in Missouri as the 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.

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.
 

 

Surrogacy Contracts in Missouri

There are no specific laws or statutes covering surrogacy contracts in the state. Nonetheless, 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.

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.

Some of the things the surrogacy contract 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.
 

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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 as reported by the Centers for Disease Control. 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:

 

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Frequent Questions about Surrogacy in Missouri

Is surrogacy in Missouri legal?

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.

In which US states is surrogacy legal?

Surrogacy is legal and supported in almost all U.S. states, with only five with explicit laws forbidding surrogacy agreements. Even among 'unfriendly' states, surrogacy is often still possible, but there are legal obstacles to navigate to ensure your parental rights. Check out SENSIBLE's ratings of friendly surrogacy destinations in the U.S. and worldwide.

Are pre-birth orders possible 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. Intended Parent(s) can get a post-birth order instead.

Are surrogacy contracts valid 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.

How much does surrogacy cost in Missouri?

The average cost of surrogacy ranges from $120,000 to $150,000 in the United States, but low-cost options start at less than $100,000. Overseas surrogacy costs as little as $50,000 in Eastern Europe or South America, to $80,000 in Western countries like the UK, Greece or Canada.

How much do surrogates earn?

SENSIBLE surrogates make $50,000 to $70,000 for a surrogacy journey in the United States. The surrogate's total pay is separated into 'Base Salary' and 'Benefits'. Benefits usually include a monthly living stipend, maternity clothes, travel expenses, and other fees.