The truth is, surrogacy law in Louisiana is one of the most restrictive in the country. This creates a complicated legal landscape that you won't want to navigate alone.
Whether you’re a hopeful parent ready to build your family or a potential surrogate wondering if you qualify, knowing the ins and outs of Louisiana’s surrogacy legal process is essential.
In this guide, we break down the state's laws and how our experts at American Surrogacy can help you pursue your dream of parenthood. Speak to a surrogacy specialist today for more information.
Louisiana Surrogacy Laws: Can You Pursue Surrogacy in a Restrictive State?
Louisiana House Bill 1102 places strict limitations on surrogacy. Under this law, only heterosexual married couples using their own egg and sperm can enter into a valid surrogacy contract. Additionally, they must provide documentation proving a medical necessity for surrogacy.
The surrogate they work with must:
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Be between 25 and 35 years old
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Have completed at least one live birth
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Pass medical and psychological evaluations
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Receive no compensation for her services
Because of these laws, we are only able to work with intended parents in Louisiana. If you're a surrogate, you must live in a different state to start your journey with American Surrogacy. If you relocate or if Louisiana’s laws evolve in the future, you can contact us for free information.
Is Paid Surrogacy Legal in Louisiana?
No, paid surrogacy is not legal in Louisiana. Surrogates can only be reimbursed for pregnancy- and birth-related expenses. No additional compensation is allowed.
The good news? We work with surrogates in states where compensated surrogacy is legal, and we can match you with the right surrogate for your needs.
Wondering how surrogate compensation works and why it matters? Learn more about how much you can expect to pay today.
Are Surrogacy Contracts Enforceable in Louisiana? Only in Certain Situations
Yes, but with major limitations. Surrogacy contracts in Louisiana are only enforceable if:
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The intended parents are a married heterosexual couple.
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They use their own gametes.
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The surrogate meets all the legal criteria.
For everyone else, including LGBTQ+ couples, contracts are void and unenforceable.
If you want to grow your family through surrogacy, we can match you with a surrogate in a surrogacy-friendly state.
Surrogacy Contract Checklist
If you're pursuing surrogacy across state lines, you still need a valid legal agreement. Here's what should be included in a surrogacy contract:
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?
At American Surrogacy, we coordinate with top surrogacy attorneys to make sure your contract reflects your wishes and complies with all applicable surrogacy laws.
When Do I Need a Surrogacy Contract in Louisiana?
Contracts come after you've matched with a surrogate. This ensures everyone is aligned on the expectations before medical procedures begin.
Want to know more about the full surrogacy timeline? Learn more online.
How Will American Surrogacy Support Me During the Contract Stage? Here’s What to Expect
Due to Louisiana’s restrictive laws, we do not work with surrogates who live in Louisiana. However, we can connect hopeful parents in Louisiana with surrogates in states where the legal environment is more favorable for surrogacy.
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
Before we even show you a surrogate profile, our team researches that state's surrogacy laws to ensure your contract will be legally enforceable.
LGBTQ+ Surrogacy Laws in Louisiana
Unfortunately, LGBTQ+ surrogacy is not permitted under Louisiana law. The state does not allow gestational surrogacy contracts unless both intended parents are a married heterosexual couple using their own egg and sperm.
Even if one or both intended parents are genetically related to the baby, Louisiana courts will not approve a pre-birth order for LGBTQ+ couples or those using donor gametes. If you work with a surrogate in a different state, you may need to complete a second-parent or confirmatory adoption after birth in Louisiana.
We believe everyone deserves the chance to build a family. Let us help you find the right surrogacy opportunity.
Abortion Laws in Louisiana and Surrogacy Contract Termination Agreements
Abortion is banned in Louisiana, with limited exceptions for cases where the pregnant person's life is at risk or the pregnancy is deemed medically futile. Additionally, state law requires:
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A mandatory ultrasound
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In-person counseling
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A 24-hour waiting period before termination can be performed
Termination and selective reduction clauses are standard in every surrogacy contract. These provisions outline the specific circumstances under which a pregnancy could be ethically and legally ended.
American Surrogacy can help you match with a surrogate in a state where reproductive rights are more fully protected.
Surrogacy Laws for Establishing Parentage in Louisiana
To be eligible for a pre-birth order in Louisiana:
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You must be a married heterosexual couple.
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You must use your own egg and sperm.
Everyone else — including LGBTQ+ couples, single parents and couples using donor gametes — will need to:
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Work with a surrogate in a surrogacy-friendly state.
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Complete a second-parent or confirmatory adoption after birth.
To ensure your parental rights are fully protected, you’ll need to work with an experienced surrogacy attorney.
How to Get a Pre-Birth Order
If you meet Louisiana’s strict surrogacy requirements, here’s how to request a pre-birth order to establish legal parentage before your baby is born
Your attorney will help you file a petition requesting a pre-birth order that names you and your spouse as the legal parents of the child. You will need to be present when the judge reviews your petition. Once approved and your baby is born, the amended birth certificate will be issued in about four to six weeks.
International Surrogacy Laws: What if You Live Outside the U.S.?
International hopeful parents are also bound by Louisiana law. To avoid legal complications, you'll need to match with a surrogate in a surrogacy-friendly state.
American Surrogacy works with international parents in many countries and can help you find a qualified U.S. surrogate.
The Role of a Surrogacy Attorney in Louisiana: Rely on Professional Support
A surrogacy attorney ensures that your contract is valid and legally binding and that you receive appropriate guidance through every legal step
We partner with experienced surrogacy attorneys nationwide and can connect you with the right professional.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
Legal fees in Louisiana generally range from $5,000 to $15,000 depending on your situation. As the intended parent, you will be responsible for covering your surrogate's legal costs.
With American Surrogacy, these fees are built into our program costs. When you work with us, you won’t have to budget for surprise expenses.
Find a Surrogacy Attorney Near Me
While we don’t currently partner with any attorneys in Louisiana, there are various local professionals. Here are some options:
- Law Office of Brad A. Guillory (Lake Charles)
- Law Office of A. Camille Patti (New Orleans)
- Stanley-Wallace Law (Slidell)
Explore Our Surrogacy Programs in Louisiana
We offer three unique programs to meet your needs:
Limited Risk Program
This program protects your investment by offering a refund or credit if your surrogate is disqualified, an embryo transfer fails or there’s a miscarriage.
Foundation Program
This is a pay-as-you-go model that reduces upfront costs. It is a great option for families who experience success early in the process, as it can help lower overall expenses.
Independent Surrogacy Program
If you already have a surrogate, this program offers expert support, legal coordination and cost-effective services to help you move forward with confidence.
FAQ: Legal Aspects of Surrogacy in Louisiana
Are insurance companies required to cover IVF in Louisiana?
No. IVF is not required to be covered by insurance in Louisiana. The states that do mandate coverage include Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Utah.
Is an embryo considered a person in Louisiana?
Yes. Louisiana Revised Statutes 9:129 states that embryos are considered "juridical persons." This can effect storage, donation and destruction decisions.
Is traditional surrogacy legal in Louisiana?
No. Traditional surrogacy is banned, and contracts for it are void.
Do sperm and egg donors have parental rights?
No. Under Louisiana Revised Statutes 9:391.1, sperm and egg donors do not have parental rights in Louisiana if certain legal conditions are met. Additionally, it’s important to note that Louisiana allows compensation for sperm and egg donation but avoids treating gametes as commercial products. Instead of “selling,” the law frames it as a donation with reimbursement for related expenses.
Is there an IVF Tax Credit?
No. But qualified medical expenses can be deducted from your federal income taxes if they exceed 7.5% of your adjusted gross income.
Ready to Begin Your Surrogacy Journey?
Louisiana’s laws might be restrictive, but that doesn’t mean your dreams of parenthood are out of reach. With American Surrogacy as your guide, you’ll have expert support navigating every step of the legal process.
Let’s make your family-building dream a reality. Contact us now to speak with a surrogacy specialist.