Nebraska Surrogacy Law
Summary: Nebraska law declares compensated surrogacy agreements void and unenforceable, but it is possible that the law would uphold uncompensated agreements. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
Explanation: Nebraska state law declares that [a] surrogate parenthood contract entered into shall be void and unenforceable. The law defines a surrogate parenthood contract as a contract by which a woman is compensated for bearing a child of a man who is not her husband. (emphasis added). Nebraska law also states that [t]he biological father of a child born pursuant to such a contract shall have all the rights and obligations imposed by law with respect to a child born of a surrogate parenthood contract. This means that if a child is born of a compensated surrogacy agreement, then custody of that child lies jointly in the hands of the biological father and the gestational mother. The fact that Nebraska law only prohibits compensated surrogacy agreements suggests that uncompensated agreements are legal.
In 2002, the Nebraska Supreme Court declared that state law does not permit two non-married persons to adopt a minor child, no matter how qualified they are. One can infer from such a decision that a Nebraska court might look unfavorably upon a surrogacy agreement involving lesbian, gay, bisexual or transgender individuals.
Citations: NEB. REV. STAT. § 25-21,200 (2009);
In re Adoption of Luke, 640 N.W.2d 374 (Neb. 2002).
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Last Updated: 9/9/2009