Surrogacy contracts in Nebraska are considered void and unenforceable under state law, leaving many intended parents and surrogates unsure of how to safely move forward.
If you’re hoping to build a family through surrogacy in Nebraska — or help someone else do so — you may feel overwhelmed by these legal hurdles. But with American Surrogacy by your side, you can complete your journey.
This guide walks you through Nebraska’s surrogacy laws, what legal processes to expect and how our agency helps you move forward with confidence. Ready to get started? Speak with a surrogacy specialist today to learn more about how we ensure a safe, legal surrogacy process.
Nebraska Surrogacy Laws: What the Statutes Say
Under Nebraska Revised Statutes section 25-21, 200, all surrogacy contracts are void and unenforceable. This law specifically targets any agreement where a woman is paid to carry a child for someone who is not her spouse.
However, gestational surrogacy itself is not illegal. While the state refuses to uphold surrogacy contracts, it does recognize the legal rights of biological parents. Nebraska’s Acknowledgement of Maternity statute (71-604.0), enacted in 2020, allows a genetic mother who didn’t give birth to legally claim her parental rights.
Is Paid Surrogacy Legal in Nebraska?
No, compensated surrogacy is not legal in Nebraska. Since surrogacy contracts are void under state law, any agreement to compensate a surrogate cannot be enforced.
But that doesn’t mean your journey ends here. At American Surrogacy, we work across all 50 states. That means we can match you with a surrogate or intended parents in a surrogacy-friendly state.
Want to learn more about how surrogate compensation works and why it matters? Explore surrogate compensation today.
Are Surrogacy Contracts Enforceable in Nebraska?
No. Surrogacy contracts are unenforceable in Nebraska. Even if both parties sign, the state will not uphold the agreement.
However, genetic intended parents still have options to protect their rights. Nebraska’s legal system allows biological parents to establish parental rights after the child’s birth. This means that you can still pursue surrogacy in Nebraska, especially if you partner with an experienced agency like American Surrogacy.
We’ll help you coordinate with legal professionals and match you with parties in states where enforceable contracts are permitted.
Surrogacy Contract Checklist
Here’s what should be included in a surrogacy contract when working with a surrogate or intended parents across state lines:
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?
With American Surrogacy, you’ll have expert guidance ensuring every detail aligns with your goals — and your state’s laws.
When Do I Need a Surrogacy Contract in Nebraska?
Contracts are drafted after you’ve been matched with a surrogate or intended parents. At this stage, your surrogacy attorney will formalize everyone’s agreement and help prepare for any required legal steps after birth.
Wondering how long the legal steps will take once you’ve matched? Learn more about the surrogacy timeline.
Navigating Legal Hurdles: How American Surrogacy Supports You During the Contract Stage
Due to Nebraska’s laws, we cannot match Nebraska surrogates with Nebraska intended parents. But here’s the good news: We can match you with families or surrogates in states where surrogacy contracts are legal.
Our team walks with you every step of the way, coordinating with legal professionals, explaining each legal milestone and helping ensure every party is protected and empowered.
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 can promise that before we ever show you a surrogate profile, we’ve researched her state's laws to ensure a strong match.
Our Local Offices
Want to talk to someone in person? Visit our local office:
Omaha
1299 Farnam St.
Suite 300
Omaha, NE 68102
LGBTQ+ Surrogacy Laws in Nebraska: Securing Your Parental Rights
LGBTQ+ couples are not explicitly excluded from pursuing surrogacy in Nebraska. But the legal landscape, which is already complex for all intended parents, comes with added challenges for LGBTQ+ families.
LGBTQ+ couples can be listed as "Parent" and "Parent" on the child’s birth certificate. Nebraska does not allow any intended parents to secure pre-birth orders. Only biological fathers in uncompensated surrogacy arrangements are eligible to receive post-birth parentage orders. For same-sex female couples where one partner is the genetic mother, Nebraska allows her to establish legal parentage through an Acknowledgment of Maternity. For non-genetic LGBTQ+ parents, Nebraska permits second-parent adoptions if the couple is married. This process offers full parental rights and is often the most secure path for legal recognition.
At American Surrogacy, we celebrate all families. We’ll help you find the best path forward, no matter what your family looks like.
Abortion Laws in Nebraska and Surrogacy Contract Termination Agreements
Nebraska bans abortion after 12 weeks of pregnancy. There’s also a required 24-hour waiting period after counseling, which doesn't have to be in person.
All surrogacy contracts clearly outline reasons for termination and selective reduction. These clauses ensure that both the surrogate and intended parents are on the same page about how to handle complex medical scenarios.
If Nebraska’s reproductive laws raise concerns for your journey, we can help you pursue surrogacy in a state with more flexible reproductive laws.
Surrogacy Laws for Establishing Parentage in Nebraska
Establishing legal parentage in Nebraska can be challenging due to the state’s restrictive surrogacy laws. However, married intended parents can secure parental rights after the child is born.
Nebraska does not allow pre-birth parentage orders under any circumstances. These may be granted, but only to biological fathers in uncompensated surrogacy arrangements. A post-birth order allows the father’s name to appear on the birth certificate and grants him legal parentage. The non-genetic intended parent must complete a second-parent adoption to gain full parental rights. In cases where the intended mother is the genetic parent, Nebraska law provides a legal path through an Acknowledgment of Maternity. This notarized form, signed by the surrogate and the intended genetic mother, can establish the mother’s legal parental status and have her listed on the birth certificate. However, this process is not available to non-genetic parents. If neither intended parent is genetically related to the child, Nebraska does not offer a pathway to establish legal parentage through court orders. Instead, the intended parents must complete a full adoption process after birth to become the child’s legal parents.
Because Nebraska does not recognize surrogacy agreements and prohibits pre-birth recognition, working with an experienced surrogacy attorney is essential to protecting your family’s legal rights.
How to Get a Post-Birth Order in Nebraska
Post-birth orders are available to biological fathers involved in uncompensated surrogacy arrangements. Here are the typical steps:
The legal process cannot begin until the child is born. The intended biological father must file a petition in court requesting legal recognition as the child’s parent. A judge will review the petition and may ask for additional documentation or testimony. If approved, the judge will issue a post-birth parentage order. The standard processing time is 15 days, though expedited options may be available.
How to Get an Acknowledgement of Maternity
Nebraska offers a legal pathway for genetic mothers who did not give birth to their child to establish parentage.
It is available through the Nebraska Department of Health and Human Services or at the hospital where the child is born. Both the surrogate and the genetic mother must sign the document in the presence of a notary public. Once signed and notarized, your attorney will file the form with the appropriate state agency. After the form is processed, the genetic mother’s name will be added to the child’s birth certificate.
International Surrogacy Laws: Can I Match With a Nebraska Surrogate?
Nebraska’s laws also affect international intended parents. Because the state does not uphold surrogacy contracts, international families will need to work with surrogates in different states.
American Surrogacy has helped countless international families navigate legal challenges and complete their journeys successfully.
The Role of a Surrogacy Attorney in Nebraska: Navigating Legal Complexity
A surrogacy attorney is your legal guide. They draft your contract, help secure parentage rights and ensure everything aligns with state law.
We work with attorneys across Nebraska and can help you find the right one for your journey.
Are you ready to connect with a surrogacy attorney?
How Much Does a Surrogacy Lawyer Cost?
Legal fees in Nebraska usually range between $5,000 and $15,000. Intended parents typically cover these costs for themselves and their surrogate.
With American Surrogacy, the legal costs are already built into our program fees. That means there won’t be any unexpected legal expenses along the way.
Find a Surrogacy Attorney Near Me
Here are a few of our trusted partners:
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Gehling Osborn Law Firm PLC (Sioux City, IA): Emilee Gehling is licensed to practice in Nebraska. She helps unite families with the children they’ve long desired to have through assisted reproductive technology, gestational surrogacy and adoption. She’s been in practice since 2010, and she’s been a member of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA) since 2018.
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Maxine M. Buckmeier PC (Sioux City, IA): Maxine is located in Iowa but is licensed to practice law in Nebraska. She focuses on assisted reproduction, domestic adoption, intercountry adoption, interstate adoption and surrogacy. She’s been an AAAA member since 1997.
Explore Our Surrogacy Programs in Nebraska and Find Your Path Forward
Whether you're just starting out or already matched, our programs meet you where you are:
Limited Risk Program
This program is designed to protect your financial investment. If your journey experiences setbacks, such as a failed embryo transfer, medical disqualification of the surrogate or an early miscarriage, your fees will be credited toward your next attempt.
Foundation Program
Our Foundation Program follows a traditional pay-as-you-go structure. It offers a lower upfront cost, which can be beneficial if your journey progresses quickly and smoothly. However, if additional services are needed, you may incur additional out-of-pocket costs.
Independent Surrogacy Program
If you’ve already matched with a surrogate on your own, our Independent Surrogacy Program is built for you. We’ll take care of the rest, helping you avoid duplicate screening costs and ensuring expert support through every step of the process.
FAQ: Legal Aspects of Surrogacy in Nebraska
Are insurance companies required to cover IVF in Nebraska?
No. Nebraska does not mandate insurance coverage for IVF. The states that do 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 Nebraska?
No. Nebraska law does not currently define embryos as persons. A proposed bill in 2022 (LB933) attempted to do so, but it did not pass.
Is traditional surrogacy legal in Nebraska?
Yes. However, traditional surrogacy contracts are enforceable. This makes the process not only emotionally complex but also legally risky. Most professionals do not recommend these arrangements.
Do sperm and egg donors have parental rights?
No. Sperm and egg donors do not have parental rights in Nebraska. The state’s laws generally prioritize the rights of the intended parents, especially if one is genetically related to the child.
Is there an IVF tax credit?
No. There isn't a state-level IVF tax credit in Nebraska. However, federal deductions are possible if qualified medical expenses exceeded 7.5% of your adjusted gross income.
Start Your Journey With Confidence
Surrogacy in Nebraska isn’t simple — but with American Surrogacy, it is possible. Our team has guided countless families through the surrogacy process in legally complex states.
Ready to take the next step? Contact us today, and we can help you grow your family or become a surrogate.