LGBT Surrogacy Laws in Louisiana

Louisiana’s gay surrogacy laws are among the most restrictive in the United States, explicitly prohibiting same-sex couples from pursuing surrogacy within the state.

Act 494 (House Bill 1102), which took effect in August 2016, limits gestational surrogacy to married heterosexual couples using their own genetic material and laws in the state only allow surrogacy with uncompensated surrogates—effectively banning LGBT surrogacy (and most heterosexual surrogacy arrangements) entirely.

Explore Out-of-State LGBT Surrogacy Options

This comprehensive guide explains Louisiana’s restrictive laws, explores legal alternatives for LGBT couples, and provides strategic guidance for building your family through surrogacy in LGBT-friendly states.

LGBT Surrogacy Laws in Louisiana and Establishing Parentage: Will We Get a Pre-Birth Order?

Unfortunately, no. Louisiana courts will not issue pre-birth orders for LGBT intended parents under any circumstances. The state’s 2016 surrogacy law explicitly prohibits same-sex couples from entering into gestational surrogacy agreements within Louisiana.

The Harsh Reality of Louisiana’s Law:

Louisiana Surrogacy Bill HB 1102 (Act 494) restricts gestational surrogacy to heterosexual married couples using their own gametes and places onerous requirements on such arrangements, including a strict no compensation requirement.

Specific exclusions for LGBT couples:

• Same-sex couples are explicitly banned from surrogacy arrangements
• Single intended parents cannot pursue surrogacy in Louisiana
• Any couple using donor gametes (egg or sperm) is prohibited
• Civil and criminal penalties apply to those who violate these restrictions

What This Means for LGBT Families:

If you’re a Louisiana resident seeking surrogacy:

• You cannot pursue surrogacy within your home state
• Out-of-state surrogacy is your only legal option
• Louisiana agencies cannot work with LGBT intended parents
• Legal complications may arise when returning to Louisiana with your baby

Pre-Birth Orders: Limited Circumstances Only:

Even heterosexual couples face significant restrictions for pre-birth orders in Louisiana:

• Both intended parents must be Louisiana residents for at least 6 months
• Must be a married heterosexual couple using only their own genetic material
• Surrogacy must be medically necessary with court documentation
• No compensation allowed beyond expense reimbursement
• Court approval required before embryo transfer

The bottom line: Louisiana’s gay surrogacy laws offer no pathway for same-sex couples to establish parentage through in-state surrogacy arrangements.

Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Louisiana?

Not through Louisiana’s surrogacy process. The state’s restrictive LGBT surrogacy laws prevent same-sex couples from accessing gestational surrogacy entirely, making the question of non-genetic parent recognition moot within the surrogacy context.

Why Louisiana Blocks LGBT Surrogacy Recognition:

Legislative intent explicitly excludes LGBT families: The Louisiana legislature found “that it is desirable to assure that the intended parents of every child born through the use of assisted reproductive technology be legal and biological parents of the child”—defining intended parents as “a man and a woman.”

Alternative Paths for Louisiana LGBT Couples:

• Out-of-state surrogacy with return to Louisiana for recognition
• Adoption processes through Louisiana’s family courts
• Interstate legal coordination for parentage establishment
• Second-parent adoption if moving back to Louisiana with your child

Interstate Recognition Challenges:

If you pursue surrogacy elsewhere and return to Louisiana:

• Louisiana courts may need to recognize out-of-state parentage orders
• Interstate legal complexity requires experienced attorneys
• Full faith and credit principles should apply to valid out-of-state orders
• Additional legal proceedings may be necessary in Louisiana

What About Second-Parent Adoption in Louisiana?

For couples who complete surrogacy in other states:

• Louisiana courts will grant second parent adoptions to married couples
• Both heterosexual and same-sex married couples can access stepparent adoption
• Documentation from out-of-state surrogacy will be required
• Legal representation essential for interstate coordination

Important consideration: Even if you cannot pursue surrogacy in Louisiana, you can still achieve legal recognition of both parents through careful interstate planning and appropriate legal proceedings.

What If We’re Not Married — Can We Both Be Legal Parents?

Unmarried LGBT couples face even greater challenges in Louisiana’s restrictive legal environment. Since the state prohibits same-sex surrogacy entirely, marital status becomes relevant only when considering out-of-state surrogacy and subsequent Louisiana recognition.

Louisiana’s Marriage Requirements:

Even for heterosexual couples, Louisiana requires marriage for surrogacy:

• Only married couples can enter into valid surrogacy contracts
• Unmarried couples are explicitly excluded from Louisiana’s surrogacy law
• Single intended parents cannot pursue surrogacy within the state

For LGBT Couples Considering Out-of-State Surrogacy:

Marriage considerations for interstate planning:

• Married same-sex couples have stronger legal standing for recognition in many states
• Louisiana recognizes same-sex marriages under federal law (Obergefell v. Hodges)
• Stepparent adoption available for married couples returning to Louisiana
• Unmarried couples face additional legal complexities

Strategic Timing for Marriage:

If you’re considering marriage anyway:

• Marry before pursuing surrogacy to strengthen legal position
• Louisiana marriage recognition provides foundation for later legal proceedings
• Simplified legal pathways compared to unmarried couples
• Additional family protections beyond surrogacy context

Out-of-State Surrogacy Considerations:

Planning for interstate surrogacy:

• Choose LGBT-friendly states with clear recognition laws
• Understand Louisiana’s recognition requirements for out-of-state orders
• Budget for multi-state legal proceedings and coordination
• Plan timeline allowing for complex interstate legal processes

Unmarried Couple Challenges:

Additional hurdles for unmarried LGBT couples:

• No stepparent adoption pathway in Louisiana
• More complex legal proceedings for establishing parentage
• Potential for discrimination in family court proceedings
• Higher legal costs due to increased complexity

The reality: While unmarried LGBT couples can pursue out-of-state surrogacy, marriage significantly simplifies the legal recognition process when returning to Louisiana.

I’m a Single Parent — Can I Still Be Declared the Legal Parent in Louisiana?

Single intended parents cannot pursue surrogacy within Louisiana, regardless of sexual orientation. The state’s restrictive surrogacy laws apply equally to single individuals, whether LGBT or heterosexual.

Louisiana’s Exclusion of Single Parents:

Act 494 explicitly requires:

• Married couple as intended parents
• Both spouses must be genetically related to the child
• No provisions for single intended parents of any kind
• Civil and criminal penalties for non-compliant arrangements

Options for Single LGBT Parents:

Since Louisiana surrogacy is unavailable:

• Out-of-state surrogacy in single-parent-friendly states
• Adoption through Louisiana family court system
• Foster-to-adopt programs within Louisiana
• Interstate legal coordination for out-of-state births

Single-Parent-Friendly States for Surrogacy:

Better alternatives include:

• California: Comprehensive single-parent protections
• New York: Established legal precedents for single parents
• Illinois: Clear statutory framework for diverse family structures
• Connecticut: No restrictions based on marital status

Legal Planning for Single Parents:

If pursuing out-of-state surrogacy:

• Choose states with single-parent pre-birth order availability
• Plan for Louisiana recognition of out-of-state parentage orders
• Budget for interstate legal coordination and multiple attorneys
• Consider residency timing in chosen surrogacy state

The bottom line: While Louisiana blocks in-state surrogacy for single parents, out-of-state options combined with proper legal planning can achieve your family-building goals.

How Will Our Names Appear on the Birth Certificate in Louisiana?

LGBT couples cannot appear on Louisiana birth certificates through in-state surrogacy because same-sex surrogacy is prohibited entirely. However, if you pursue surrogacy in other states and return to Louisiana, specific recognition processes apply.

When Louisiana recognizes LGBT families:

• Practice varies by individual case and legal proceedings
• “Parent” and “Parent” designations likely for same-sex couples
• Court discretion in determining exact terminology
• Legal representation important for advocating preferred language

How Long Will It Take to Get the Birth Certificate?

The timeline depends entirely on whether you pursue out-of-state surrogacy, as Louisiana prohibits same-sex surrogacy entirely. LGBT couples face extended timelines due to interstate legal coordination requirements.

Do We Need a Second Parent Adoption After Surrogacy in Louisiana?

If you complete surrogacy outside the state and return to Louisiana, you may be able to complete a second parent adoption in Louisiana if you are married.

How Surrogacy Contracts Protect LGBT Parents in Louisiana

Since Louisiana prohibits LGBT surrogacy entirely, protective contracts must be executed in other states. However, understanding contract essentials helps LGBT couples plan for out-of-state surrogacy while considering Louisiana recognition requirements.

Why Contracts Can’t Help in Louisiana:

Louisiana’s explicit prohibitions:

• LGBT surrogacy contracts are void and unenforceable in Louisiana
• Civil and criminal penalties apply to prohibited arrangements
• No legal protection available through Louisiana contracts
• Out-of-state contracts become your only legal protection

The reality: While contracts cannot overcome Louisiana’s restrictive laws, they provide essential protection when pursuing surrogacy in LGBT-friendly states.

Why Work With a Surrogacy Agency If You’re an LGBT Couple in Louisiana

Louisiana’s prohibition of LGBT surrogacy makes professional agency support absolutely essential. Since you cannot pursue surrogacy within your home state, agencies provide critical guidance for navigating out-of-state options and interstate legal complexities.

Navigating Louisiana’s Prohibition:

Agency expertise includes:

• Understanding which states offer the best LGBT protections
• Interstate legal coordination between multiple states
• Louisiana recognition planning from the outset of your journey
• Cost management for complex multi-state proceedings

Access to LGBT-Friendly Networks:

Critical connections agencies provide:

• Out-of-state surrogates comfortable with Louisiana families
• Legal networks in multiple LGBT-friendly states
• Medical professionals experienced with interstate care
• Recognition attorneys specializing in Louisiana family law

State Selection Guidance:

Choosing the right state for your surrogacy:

• California: Most comprehensive LGBT protections, immediate dual parent recognition
• New York: Strong legal precedents, efficient interstate coordination
• Illinois: Geographic proximity to Louisiana, supportive legal framework
• Connecticut: No restrictions based on sexual orientation or marital status

Cost Management for Complex Journeys:

Financial coordination benefits:

• Transparent pricing for multi-state legal requirements
• Budget planning assistance for extended legal processes
• No discrimination in pricing based on sexual orientation
• Payment coordination with multiple service providers across states

Legal Coordination Services:

Managing interstate complexity:

• Attorney network coordination between surrogacy and recognition states
• Document preparation for multiple legal proceedings
• Timeline management for complex multi-step processes
• Crisis management if legal strategies face obstacles

Emotional Support for Challenging Journeys:

• Understanding of discrimination challenges LGBT couples face
• Connection to other Louisiana LGBT families who’ve navigated similar challenges
• Advocacy and support throughout the complex legal process
• Celebration of milestones despite additional obstacles

Why Louisiana Requires Special Expertise:

State-specific challenges:

• Cannot work with local Louisiana agencies due to legal prohibitions
• Must coordinate across multiple states for legal success
• Higher complexity requiring experienced professional navigation
• Potential for discrimination requiring strong advocacy

Risk Mitigation Services:

Protection against Louisiana-specific challenges:

• Legal compliance monitoring to avoid Louisiana penalties
• Interstate legal strategy development and execution
• Professional advocacy if discrimination issues arise
• Crisis management for unexpected legal complications

Agency Network Benefits:

Working with national agencies:

• Established relationships in LGBT-friendly states
• Experience with Louisiana recognition requirements
• Proven track record with interstate LGBT surrogacy
• Ongoing support throughout the complex journey

The bottom line: Louisiana’s restrictive laws make professional agency support not just helpful, but essential for LGBT couples pursuing surrogacy.

Find LGBT-Experienced Agencies

Finding an LGBT-Friendly Surrogacy Attorney in Louisiana

Finding the right legal representation is crucial for Louisiana LGBT couples, though your attorney’s primary role will be coordinating out-of-state surrogacy and subsequent Louisiana recognition. A national surrogacy agency can connect you to the help you need outside of the state.

The reality: While Louisiana’s restrictive laws make the legal process complex, experienced attorneys can successfully guide LGBT couples through out-of-state surrogacy and Louisiana recognition.

How to Get Started With LGBT Surrogacy in Louisiana

Ready to build your family despite Louisiana’s restrictions? While the state prohibits same-sex surrogacy, experienced professionals can guide you through out-of-state options that lead to successful family building and Louisiana recognition.

Despite Louisiana’s restrictions, thousands of LGBT couples have successfully built families through out-of-state surrogacy. The key is working with experienced professionals who understand both the challenges and the solutions.

Schedule Your Louisiana LGBT Surrogacy Consultation Today

Connect with agencies and attorneys who have successfully helped Louisiana LGBT couples navigate out-of-state surrogacy and achieve Louisiana recognition. With proper planning and expert guidance, you can build your family despite your home state’s restrictions.

This guide provides general information about LGBT surrogacy laws in Louisiana and should not be considered legal advice. Louisiana’s restrictions on LGBT surrogacy are comprehensive and strictly enforced. Always consult with qualified legal professionals who specialize in reproductive law and interstate LGBT family building before making decisions about your surrogacy journey.