Surrogacy is a life-changing journey. And while Montana doesn’t have specific surrogacy statutes, that doesn’t mean intended parents are without options. When you work with American Surrogacy, you gain access to professional guidance, vetted surrogates, and trusted legal support to navigate the surrogacy legal process confidently.
We’re here to help you understand the surrogacy laws in Montana, from how parentage is established to what should be included in your surrogacy contract. Most importantly, we’ll explain how American Surrogacy can support you every step of the way.
Contact us online today to get started with surrogacy in Montana.
Surrogacy Laws in Montana
While Montana doesn’t have codified surrogacy law, courts generally support the process, especially when one intended parent has a genetic connection to the child. In Montana:
Pre-birth and post-birth parentage orders are typically granted. Both married and unmarried couples, or even single individuals, can secure parentage orders — provided at least one parent is genetically related. If neither parent is genetically related, second-parent adoptions (for unmarried individuals) or stepparent adoptions (for married couples) may be necessary.
Is Paid Surrogacy Legal in Montana?
Yes. Paid surrogacy is legal in Montana, and American Surrogacy works with hopeful parents and surrogates in all 50 states — including states where paid surrogacy is fully supported.
Surrogacy changes the lives of everyone involved. You’re giving intended parents the opportunity to experience parenthood and that deserves the highest compensation possible.
Surrogate compensation typically includes:
- Base pay
- Medical and travel expenses
- Legal fees
- Maternity clothing and other allowances
At American Surrogacy, we ensure that all compensation is discussed in advance and documented clearly within legal documents for surrogacy.
Are Surrogacy Contracts Enforceable in Montana?
Probably — though Montana lacks explicit laws on enforceability, courts are generally favorable toward surrogacy contracts. This means that with the right legal support, your surrogacy contract is likely to be honored.
Because surrogacy laws vary from state to state, working with a national agency like American Surrogacy gives you flexibility and protection. We guide you to the best legal path forward — even if it means matching you with a surrogate in a different state.
Surrogacy Contract Checklist
Your surrogacy contract is one of the most critical legal documents for surrogacy. It should address:
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 Montana?
Your surrogacy contract is created after matching with a surrogate or intended parent. Once you’ve found the right match, American Surrogacy works with you and your chosen attorney to draft the agreement before any medical steps begin.
How Will American Surrogacy Support Me During the Contract Stage?
With American Surrogacy, you never navigate legal steps alone.
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
Our role is to simplify the surrogacy legal process — and offer peace of mind at every stage.
LGBTQ+ Surrogacy Laws in Montana
Montana is an inclusive state for LGBTQ+ families. Courts allow:
- Intended parents to be designated as “parent,” “mother,” or “father” on the birth certificate
- Second-parent or stepparent adoptions — even for unmarried same-sex couples
Abortion Laws in Montana and Surrogacy Contract Termination Agreements
Abortion is legal and protected in Montana, up to fetal viability (24–26 weeks). Medicaid and healthcare providers can cover abortion-related services, and surrogacy contracts may include conditions for termination if medically necessary.
If Montana’s laws don’t align with your values, American Surrogacy can match you with a surrogate in a different state where laws may be more compatible.
Surrogacy Laws for Establishing Parentage in Montana
Pre-birth orders are available — if at least one parent is genetically related to the child.
- LGBTQ+ and single intended parents can often establish parentage
- When no genetic connection exists, adoption options may apply
How to Get a Pre Birth Order
- Bases for venue: The county where the child is born or the alleged parent resides, but the parties may consent to a different county
- Is a hearing required: Generally no, but depends on the judge. If a hearing is required, testimony by phone has been permitted in many cases.
- Time frame to obtain a birth certificate after delivery: Approximately 10 days.
International Surrogacy Laws in Montana
Montana has no specific laws regarding international surrogacy. If you’re pursuing this option, you must consult an immigration attorney to ensure compliance with U.S. and foreign regulations.
The Role of a Surrogacy Attorney in Montana
Surrogacy attorneys help you:
Draft and review your surrogacy contract Secure pre-birth or post-birth parentage orders Navigate local courts and ensure legal parentage
American Surrogacy helps you find experienced, independent attorneys — so there’s no conflict of interest.
Get in touch with us today if need help finding an attorney.
How Much Does a Surrogacy Lawyer Cost?
The cost of a surrogacy attorney varies from state to state as well as the law firm you work with.
Plus, the intended parents are responsible for the legal fees of their surrogate. We cover your surrogate’s legal fees in our programs cost so you don’t have to budget for that part of the process.
Find a Surrogacy Attorney Near me
- Hall & Evans LLC (Missoula): Senior Counsel Susan Ridgeway focuses on surrogacy and reproductive donation law. For over 12 years, she’s provided legal services to create and protect families through assisted reproductive technology agreements.
- DM&L (Missoula): Attorney Dennis Lind practices in Family Law for DM&L and is a member of the American Trial Lawyers Associations and American Academy of Adoption Attorneys
Explore Our Surrogacy Programs in Montana
American Surrogacy offers three comprehensive surrogacy programs for intended parents in Montana. Each one is designed to offer the right level of support, depending on your needs and preferences:
- Foundation Program: Our most comprehensive option, this full-service program includes everything from matching and screening to legal and emotional support. Ideal for families who want the confidence of knowing every detail is handled by experts.
- Limited Risk Program: This program is perfect for those who want more flexibility but still want help managing the most critical legal and medical components. It allows for more autonomy while still reducing your legal and emotional risks.
- Independent Program: Designed for intended parents and surrogates who have already matched but need professional assistance with contracts, screening, and medical coordination. This program provides targeted support where it matters most.
Each program is built on decades of experience and a deep understanding of the surrogacy legal process in Montana. No matter where you're starting from, we'll help you take the next step confidently and legally.
FAQ: Surrogacy Law in Montana
Do insurance companies in Montana cover IVF?
Yes. HMOs must cover some infertility services and fertility preservation under state law.
Is an embryo considered a person in Montana?
Not currently. Despite proposed constitutional amendments, embryos are not recognized as legal persons.
Is traditional surrogacy legal in Montana?
Yes. There are no restrictions on traditional surrogacy.
Do sperm and egg donors have parental rights?
No. When donations occur through a licensed fertility clinic with a legal agreement, donors relinquish parental rights.
Is there an IVF tax credit?
Yes. IVF expenses may be deductible if they exceed 7.5% of your adjusted gross income.