Iowa Surrogacy Law
Summary: Iowa law seems to implicitly accept surrogacy agreements, but no statute directly addresses the topic. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
Explanation: Iowa Code § 710.11 criminalizes the purchase or sale of a human being; however, the statute specifically says:
This section does not apply to a surrogate mother arrangement. For purposes of this section, a “surrogate mother arrangement” means an arrangement whereby a female agrees to be artificially inseminated with the semen of a donor, to bear a child, and to relinquish all rights regarding that child to the donor or donor couple.
Although states such as Alabama have statutory language that excludes surrogacy from laws concerning adoption or “baby-buying,” the language of the Iowa statute seems to suggest that surrogacy agreements are at least contemplated by the law and do not go against the public policy of the state.
There is no explicit prohibition in Iowa on LGBT couples jointly adopting a child, nor is there an explicit prohibition on LGBT individuals adopting the child of their same-sex partner. Moreover, now that same-sex couples have the right to marry in Iowa, it is possible that a court would look favorably upon a surrogacy agreement involving LGBT individuals.
Citations: IOWA CODE § 710.11 (2008).
The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.
Last Updated: 9/9/2009