Louisiana Surrogacy Law
Summary: Louisiana has a statute that holds compensated traditional surrogacy agreements (in which the surrogate mother is the biological contributor of the egg) void and unenforceable, but does not address uncompensated agreements or gestational surrogacy agreements (in which the surrogate mother is not the biological contributor of the egg). The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
Explanation: The relevant Louisiana statute establishes that “[a] contract for surrogate motherhood as defined herein shall be absolutely null and shall be void and unenforceable as contrary to public policy.” The statute further states:
“Contract for surrogate motherhood” means any agreement whereby a person not married to the contributor of the sperm agrees for valuable consideration to be inseminated, to carry any resulting fetus to birth, and then to relinquish to the contributor of the sperm the custody and all rights and obligations to the child.
There is no explicit prohibition in Louisiana 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: LA. REV. STAT. ANN. § 9:2713 (2009).
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Last Updated: 9/9/2009