Surrogacy in Missouri can be a life-changing journey — but understanding the legal landscape is crucial to doing it right. If you're hoping to grow your family, knowing how surrogacy laws in Missouri work will give you the confidence to move forward with peace of mind.
By working with American Surrogacy, you can navigate the surrogacy legal process with expert guidance, ensuring all the necessary legal documents for surrogacy are in place — no matter where in Missouri (or the U.S.) you live.
Contact us today to get personalized guidance on the surrogacy legal process in Missouri:
Missouri Surrogacy Laws
Missouri currently has no statutes or published case law that specifically permit or prohibit surrogacy. That might sound intimidating — but our team at American Surrogacy has helped hundreds of families in similar legal environments.
According to the American Society for Reproductive Medicine, Missouri's courts generally uphold parentage in surrogacy agreements based on contract terms. This makes Missouri a viable option for surrogacy when the process is handled correctly.
Is Paid Surrogacy Legal in Missouri?
Yes, paid surrogacy is legal in Missouri. Intended parents can compensate surrogates for their time, effort, and the emotional and physical demands of pregnancy.
At American Surrogacy, we believe surrogates deserve fair compensation. That’s why we offer detailed compensation packages — which may include base pay, monthly allowances, maternity clothing stipends, travel expenses, and more.
We work with surrogates and intended parents nationwide so we can match you with a surrogate or intended parent where paid surrogacy is legal.
Are Surrogacy Contracts Enforceable in Missouri?
Yes. While there are no state-specific surrogacy contract statutes, Missouri courts do enforce the terms related to parentage outlined in these contracts.
Because Missouri’s surrogacy laws are interpretive rather than explicit, it’s especially important to work with an experienced surrogacy attorney and an agency like ours that understands how to structure contracts that hold up in court.
What Should Be Included in a Surrogacy Contract?
Creating a legally sound surrogacy contract in Missouri is a critical step in the surrogacy legal process. These contracts cover:
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 Missouri?
Surrogacy contracts are signed after matching with a surrogate but before any medical procedures take place. It’s a critical moment in the journey — and American Surrogacy walks with you every step of the way.
How American Surrogacy Supports You During the Contract Phase
When you work with us, we don’t just hand you a contract — we help you understand every clause in collaboration with your attorney. Even before you meet a surrogate, we’ve vetted the legal landscape of your state to ensure a smooth process.
You’re not in this alone. We’re here to simplify the legal documents for surrogacy and ensure you’re protected from day one.
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
Visit Our Missouri Office
We’re proud to serve Missouri families directly. Visit us in Independence:
- 14801 E 42nd St., Suite B
Independence, MO 64055
1-800-875-2229
LGBTQ+ Surrogacy Law in Missouri
Missouri’s surrogacy laws do not prohibit same-sex couples from pursuing surrogacy. In fact, LGBTQ+ couples can be listed on birth certificates and courts may grant second-parent adoptions depending on the judge.
At American Surrogacy, we champion inclusive surrogacy options for all families.
Abortion Laws in Missouri and Surrogacy Contract Termination Agreements
Missouri bans abortion after fetal viability (approximately 24–26 weeks). These restrictions impact how termination clauses in surrogacy contracts are handled.
We help intended parents navigate these nuances and, if needed, explore surrogacy in states with more flexible laws through our national network.
Surrogacy Laws for Establishing Parentage in Missouri
Under the Missouri Uniform Parentage Act (MOUPA):
Pre-birth orders are not permitted, but pre-birth filings are allowed A post-birth order is required to legally establish parental rights Filing should occur in the second trimester Parentage is finalized once the post-birth order is filed and processed
For LGBTQ+ parents, same-sex couples (married or unmarried) may both be declared legal parents in the post-birth order — even when donor gametes are used.
How to Get a Pre-Birth Order
- Venue: May be filed in the county of the surrogate, the intended parents, or any county if parties are out-of-state
- Hearing: Not required, but some judges may request one
- Birth Certificate Timeline: Usually processed within two weeks post-birth once the court order is finalized
International Surrogacy Laws
Missouri has no laws directly addressing international surrogacy. If you are an international intended parent, you can still complete your surrogacy journey in Missouri with the help of an immigration attorney and our experienced team.
The Role of a Surrogacy Attorney in Missouri
You’ll need a qualified surrogacy attorney to ensure your rights are protected. They’ll ensure all the legal stipulations and requirements are met.
We help match you with an independent attorney — meaning there’s no conflict of interest from in-house counsel.
Contact us today — we can help you find a Missouri surrogacy attorney
How Much Does a Surrogacy Attorney Cost?
There’s not a uniform cost when it comes to surrogacy attorneys, as it can vary by state and law firm.
One of the many things that intended parents are responsible for is the legal fees of their surrogate.
Working with American Surrogacy means working with an agency that has already added those legal costs into the programs we offer so you don’t have to budget for that part of the journey.
Find a Surrogacy Attorney Near Me
- Law Offices of Mary Beck (St. Louis, Columbia): With the practice largely dedicated to surrogacy, Beck worked her first surrogacy case around 2000 and is a fellow with the Academy of Adoption and Assisted Reproduction Attorneys.
- Benner Family Law (Columbia): BFL deals with surrogacy agreements and has over 15 years of experience in Family Law.
- Michael J. Belfonte, P.C. (Kansas City): As an experienced attorney with surrogacy, and a member of the American Academy of Assisted Reproductive Technology Attorneys (AAARTA), Belfonte can provide you with the legal services required in assisted reproductive technologies.
Explore Our Surrogacy Programs in Missouri
We offer three personalized programs for intended parents and surrogates. Whether you’re local to Missouri or working from across state lines, our national network ensures legal compliance and emotional support.
Explore our surrogacy programs now:
FAQ: Missouri Surrogacy Laws
Is IVF insurance coverage mandated in Missouri?
No. These are the states with IVF and fertility preservation coverage: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Utah.
Is traditional surrogacy legal in Missouri?
Yes, but a non-biological parent may be subject to adoption-related restrictions.
Do egg and sperm donors have parental rights?
No. Missouri law (§ 210.824) makes clear that donors do not have legal parentage.
Is there an IVF tax credit?
No, but IVF expenses may be tax-deductible if they exceed 7.5% of your AGI.
Are embryos considered people under Missouri law?
There are no specific personhood-laws, however, Missouri law does state that life begins at conception, which is defined as fertilization.