When you decide to pursue the surrogacy process you must be aware of the surrogacy laws in Iowa that could affect your experience. In the state of Iowa, surrogacy laws are not totally defined. We want you to understand what that means for the process and how you can proceed confidently.
If you’re ready to begin the surrogacy process, contact us today.
What are Iowa’s surrogacy laws?
There really aren’t many surrogacy laws in Iowa that define the process. The most notable law is a “surrogate mother arrangement” that exempts surrogates from the criminal provisions regarding the sale or purchase of human beings. This makes surrogacy legal in the state. Due to this law, many courts in the state are generally favorable towards a surrogacy arrangement. However, there are laws about parentage orders that are allowed in the state.
How do I find a surrogacy attorney in Iowa?
We have created a large network of surrogacy attorneys throughout the US. We work with surrogacy attorneys in Iowa to assist in the legal process of surrogacy for intended parents and surrogates. Your surrogacy specialist will help connect you to a reputable surrogacy attorney licensed in your state. You will work with your attorney on the surrogacy contract and any other legal processes that are required with your unique surrogacy journey.
What is a surrogacy contract?
A surrogacy contract will be drawn up by the intended parents’ attorney. This will cover the risks and responsibilities of all parties involved. This legal document is often what is addressed by the courts. There aren’t currently Iowa surrogacy laws about whether surrogacy contracts are enforceable, but they are usually considered to be like any other legal contract in Iowa. A surrogacy contract will include:
-
Surrogate compensation
-
Other finances
-
Surrogate insurance
-
Potential risks and liabilities and protections against them
-
Contact preferences before, during and after the surrogacy process
Can I file a pre-birth parentage order?
The parentage orders according to the surrogacy laws in Iowa are unique. Iowa surrogacy courts will grant pre-birth orders when at least one intended parent uses his or her gametes and when one partner in a marriage is a genetic parent of the child born via surrogacy. However, any pre-birth orders issued in Iowa are only partial orders; a post-birth process may be required to finalize the surrogacy.
In Iowa, a surrogate is considered to be the legal mother, regardless of her genetic relationship to the baby she carries. Therefore, only the intended father can obtain a pre-birth order. A genetically related intended mother can obtain a post-birth parentage order, while a non-genetically related intended parent must complete an adoption after birth to establish parental rights.
Can LGBTQ+ Intended Parents Safely Pursue Surrogacy in Iowa?
Yes, any parents who identify as LGBTQ+ will be treated the same as heterosexual intended parents. LGBTQ+ parents can safely pursue the surrogacy process and do not currently have any laws that prevent or harm the surrogacy process for them. The Iowa Supreme Court decided in 2013 that both LGBTQ+ parents must be placed on their child’s birth certificate.
If you are considering surrogacy in Iowa, get connected with our surrogacy specialist today. Fill out our quick online form or contact us at 1-800-875-2229 (BABY).
While American Surrogacy has attempted to provide the most accurate and up-to-date information about surrogacy in Iowa, surrogacy laws are always subject to change. This information is not intended to be and should not be taken as legal advice; please contact an experienced surrogacy attorney in Iowa for more information about the current legality of this family-building process.