Missouri Surrogacy Law
Summary: Missouri law does not directly address surrogacy agreements; however, it is possible that they are in violation of the state’s “child trafficking” laws. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
Explanation: In Missouri, the crime of “trafficking in children” is a felony, and it includes payment for “delivery or offer of delivery of a child . . . for purposes of adoption, or for the execution of consent to adopt or waiver of consent to future adoption or consent to termination of parental rights.” A compensated surrogacy agreement might run afoul of this law. For a detailed discussion on the legitimacy of gestational surrogacy agreements (in which the surrogate mother is not the biological contributor of the egg) under Missouri law, see Yvonne M. Warlen, Note, The Renting of the Womb: An Analysis of Gestational Surrogacy Contracts Under Missouri Contract Law, 62 UMKC L. Rev. 583 (1994).
There is no explicit prohibition in Missouri on LGBT couples jointly adopting a child, nor is there an explicit prohibition on LGBT individuals adopting the child of their same-sex partner.
Citations: MO. REV. STAT. § 568.175 (2009).
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Last Updated: 9/9/2009