Surrogacy offers a path to parenthood for many Iowans, but understanding the legal landscape is essential before beginning the journey. Thankfully, surrogacy is legal in Iowa, and with American Surrogacy by your side, you’ll be supported through every legal and emotional milestone.
Whether you're an intended parent or a surrogate, our team will help you navigate contracts, secure parentage, and connect with experienced surrogacy attorneys in Iowa.
Surrogacy Laws in Iowa
Is Surrogacy Legal in Iowa?
Yes. There are no statutes or published case law prohibiting gestational surrogacy in Iowa. Courts have routinely issued parentage orders, and the process is considered legally viable for both heterosexual and LGBTQ+ intended parents.
While traditional surrogacy is not explicitly prohibited, it’s less common due to its legal complexity.
Is Paid Surrogacy Legal in Iowa?
Yes, Iowa permits compensated gestational surrogacy. However, it's important that compensation is clearly outlined in a legally sound surrogacy contract.
At American Surrogacy, we facilitate matches across the country. That means if you’re in a state with restrictions—or simply want broader options—we can match you with a surrogate in a surrogacy-friendly state
Learn More About Surrogate Compensation
Are Surrogacy Contracts Enforceable in Iowa?
Yes. Surrogacy contracts are enforceable in Iowa courts when drafted properly. Iowa courts have historically supported contractual agreements related to parentage and surrogacy.
These contracts must clearly outline rights, responsibilities, and terms for all parties—including parentage rights, medical and financial agreements, and contingency planning.
At American Surrogacy, we ensure all contracts align with current best legal practices.
Surrogacy Contract Checklist
A strong surrogacy contract in Iowa should include:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
When Do I Need a Surrogacy Contract in Iowa?
Surrogacy contracts are finalized after a match is made but before any medical procedures begin. This ensures both parties have legal clarity and protection before proceeding with embryo transfer.
Explore the Surrogacy Timeline
How Will American Surrogacy Support Me During the Contract Stage?
Our team at American Surrogacy works directly with surrogacy attorneys to make sure every contract complies with Iowa law and protects your rights. Before any surrogate is matched with you, we’ve already reviewed state laws to confirm the match is legally viable.
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
We advocate for your needs and guide every step of the process—from match to finalization—with compassion and precision.
LGBTQ+ Surrogacy Laws in Iowa
Iowa is an LGBTQ+-friendly surrogacy state. Same-sex couples have the same rights to pursue gestational surrogacy as heterosexual couples. Parentage orders are routinely granted regardless of sexual orientation.
If you're pursuing surrogacy as a same-sex couple, we’ll help ensure your name is placed on the birth certificate and support you through any additional legal requirements, such as second-parent adoption if necessary.
Abortion Laws in Iowa and Contract Termination Agreements
Iowa’s abortion laws are restrictive. At the time of writing, abortion is banned after about 6 weeks of pregnancy, with limited exceptions. These restrictions may affect a surrogate’s ability to legally terminate a pregnancy if needed.
Every surrogacy contract facilitated by American Surrogacy includes a termination agreement—a section where intended parents and surrogates agree on acceptable reasons for termination and how such decisions will be made.
If these restrictions cause concern, American Surrogacy can help you pursue surrogacy in a more flexible state.
Surrogacy Laws for Establishing Parentage in Iowa
Iowa courts typically allow intended parents to establish parentage through pre-birth orders when a valid surrogacy contract exists. Both heterosexual and LGBTQ+ couples are usually granted full legal parentage.
How to Get a Pre-Birth Order
- A hearing is often required, typically late in the second trimester.
- The final birth certificate is usually issued 1–2 weeks post-delivery.
- Pre-birth orders must be filed with the court where the surrogate resides or will deliver.
International Surrogacy Laws in Iowa
Iowa does not have specific legislation addressing international surrogacy. However, intended parents from outside the U.S. have successfully completed surrogacy arrangements in the state when working with an experienced agency like American Surrogacy.
The Role of a Surrogacy Attorney in Iowa
A surrogacy attorney in Iowa:
- Drafts and reviews legal contracts
- Secures parentage orders
- Advises on abortion law, insurance, and dispute resolution
American Surrogacy maintains a network of attorneys in Iowa and nationwide. We connect every client with the right legal partner.
How Much Does a Surrogacy Lawyer Cost in Iowa?
Surrogacy attorney fees in Iowa typically range from $4,000 to $10,000, depending on the complexity of your arrangement. Intended parents cover the surrogate’s legal fees as well.
With American Surrogacy, all legal costs are included in our comprehensive program pricing—no surprise bills or extra budgeting.
Find a Surrogacy Attorney Near You
Here are a few legal professionals in Iowa:
Emilee Boyle Gehling is a dedicated attorney specializing in gestational surrogacy and adoption law across Iowa, Nebraska, and South Dakota. As a fellow of the American Academy of Adoption and Assisted Reproductive Technology Attorneys (AAARTA), she has been involved in over 100 surrogacy cases. Emilee co-founded Dakota Surrogacy, aiming to unite parents with children through surrogacy. She is also recognized for her community involvement, having been named Mrs. Iowa International in 2019.
Shayla McCormally is a partner and founding attorney at McCormally & Cosgrove, P.L.L.C., based in Des Moines, Iowa. She focuses on surrogacy, fertility law, and ART, assisting clients through the complexities of family law matters. Shayla is known for her problem-solving approach, aiming to create optimal solutions for her clients. Her firm offers comprehensive services, including pre-birth and post-birth orders, powers of attorney, and surrogacy contracts.
For personalized referrals, contact our team. We’ll connect you with a surrogacy attorney who understands your unique needs.
Explore Our Surrogacy Programs in Iowa
American Surrogacy offers three comprehensive programs:
Limited Risk Program
Foundation Program
Independent Program
FAQ: Legal Aspects of Surrogacy in Iowa
Are insurance companies required to cover IVF in Iowa?
No. Iowa does not mandate insurance coverage for IVF.
Is an embryo considered a person in Iowa?
No. Embryos are not granted personhood under Iowa law and are treated as property.
Is traditional surrogacy legal in Iowa?
Yes, but it is legally riskier and far less common than gestational surrogacy.
Do sperm and egg donors have parental rights?
No. Iowa law recognizes that donors relinquish parental rights if the donation was made through a licensed medical professional.
Is there an IVF tax credit in Iowa?
No, Iowa does not offer a state-specific IVF tax credit.
What disqualifies you from surrogacy?
Medical, psychological, or lifestyle factors may disqualify someone from becoming a surrogate. American Surrogacy conducts thorough screening
What states prohibit surrogacy?
States like Michigan and Louisiana have restrictions on compensated surrogacy. We help families work around these restrictions.
How to become a surrogate mother in Iowa?
The first step in becoming a surrogate is finding out if you’re qualified. Find out here.
Start Your Iowa Surrogacy Journey Today
Your dream of parenthood can become a reality—with the legal confidence and compassionate support you deserve. Whether you're in Des Moines, Cedar Rapids, or anywhere across Iowa, American Surrogacy is here to guide your journey.
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, and we make no guarantee this article is 100 percent accurate. 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.