Surrogacy Contracts in Nebraska: Everything You Need to Know

Entering the world of surrogacy in Nebraska requires unique care and specialized legal knowledge. Unlike many other states that have passed modern laws to protect all parties, Nebraska remains one of the few states where surrogacy contracts are legally complex and difficult to navigate. Understanding the specific statutes is the first step toward a safe and successful journey.

If you are a prospective surrogate, your contract is the foundational document that outlines your intentions, though its legal standing is different than in other parts of the country.

For the best help in navigating the complexities of surrogacy in Nebraska, contact a surrogacy professional.

Can Surrogacy Contracts Be Enforced in Nebraska?

This is the most critical question for anyone interested in surrogacy in Nebraska. According to Nebraska Revised Statute § 25-21,200, surrogacy contracts in Nebraska are considered “void and unenforceable.”

This means that if a dispute arises, a Nebraska court will not “force” a party to follow the contract. However, gestational surrogacy itself is not illegal. The law simply states that the court will not recognize the contract as a binding legal document.

Most surrogacy agencies will not work with Nebraska surrogates at this time due to the risk it can place on everyone involved.

Because of this, the carry-through of your journey relies heavily on the trust and relationship you build with your surrogacy partners, as well as the expertise of your legal team in navigating parentage through other statutes.

What Should Be Included in a Surrogacy Contract?

Even though the state has restrictive laws, understanding surrogacy contract basics is still vital for setting expectations between you and the intended parents. A comprehensive document should clearly outline the following:

• Financial Reimbursements: Because of state law, this section must be handled with extreme precision (see the Compensation section below).
• Medical Rights and Privacy: Provisions for medical records access rights and protocols for choosing an OB doctor.
• The Delivery Plan: Who will be in the room and how the labor and delivery process will be managed.
• Contingencies: How the parties feel about termination for medical reasons or selective reduction agreements.

Legal Clearance: The Final Step Before Transfer

The legal clearance process in Nebraska is a protective measure. Before any medical procedures—such as the medication approval process or embryo transfer—can begin, attorneys for both the surrogate and the intended parents must review the agreement.

They will then issue a “Letter of Legal Clearance” to the fertility clinic. This letter confirms that both parties have received independent legal advice and have a clear, mutual understanding of the process, ensuring the clinic is not at risk when proceeding.

What Happens if a Surrogacy Contract Is Breached?

Because the contract is unenforceable, the consequences of breach of surrogacy contract are different than in other states. In the event of contract disputes, parties cannot rely on the court to enforce the specific terms of the agreement.

Instead, issues are often resolved through mediation or by looking at the best interests of the child. This is why working with a specialized agency is highly recommended in Nebraska to prevent disputes before they happen.

Fair Surrogacy Compensation in Nebraska and Payment Structure

In Nebraska, “commercial” or paid surrogacy is strictly prohibited by statute. The law defines a prohibited contract as one where a woman is compensated for bearing a child.

However, “altruistic” or uncompensated surrogacy is common. Fair surrogacy compensation in Nebraska generally refers to the reimbursement of actual expenses. This typically includes:

• Medical bills and co-pays.
• Legal fees for your attorney.
• Travel expenses related to the pregnancy.
• Lost wages (if medically necessary).
• Maternity clothing and wellness supplies.

To ensure transparency, these funds should still be held in an escrow account to ensure you are never paying for pregnancy-related costs out of your own pocket.

Medical Decisions and Control During Pregnancy

As a surrogate, your medical rights and decision control are protected by broader Nebraska healthcare laws.

• Informed Consent: You maintain the right to make decisions regarding your own body and medical care.
• OB/GYN Selection: During the contract negotiation stage, most surrogates and intended parents agree on choosing an OB doctor that is local to the surrogate and covered by insurance.
• Medication: You will agree to follow the clinic’s protocol during the medication approval process leading up to the transfer.

Termination and Selective Reduction Clauses

Nebraska law is particularly sensitive regarding abortion decisions in contracts. While the agreement can state the parties’ shared intent regarding termination for medical reasons, these clauses are legally unenforceable.

The ultimate medical decision always rests with the woman carrying the pregnancy. It is vital to match with intended parents who share your specific values on these sensitive topics.

Lifestyle Clauses: Travel, Diet, and Daily Life Considerations

Even without strict legal enforcement, lifestyle clauses serve as a vital “code of conduct.” Your agreement will likely cover:

• Travel Restrictions: Most agreements include travel restrictions during pregnancy, especially to areas with high medical risks or in the final weeks of gestation.
• Diet and Exercise: Common dietary restrictions (like avoiding raw seafood) and exercise restrictions are included to ensure the health of the pregnancy.

Delivery Plans and Post-Birth Expectations

The labor and delivery section of your agreement outlines the “hospital experience.”

• Delivery Room Presence Rights: You decide who you are comfortable having in the room during the birth.
• Pumping Agreement: If you wish to provide breast milk, a pumping agreement contract will outline the logistics and reimbursement for supplies.
• Recovery: The agreement should ensure you have adequate recovery time and support after the birth.

Insurance Requirements for Surrogacy Journeys

Proper coverage is non-negotiable. Your legal team will ensure:

• Surrogate-Friendly Insurance: A review of your health policy to ensure there are no exclusions for surrogacy.
• Life Insurance: The intended parents must provide life insurance for you for the duration of the journey.
• Disability Insurance: This provides disability insurance coverage in case of pregnancy-related complications that prevent you from working.

Agency vs. Independent Surrogacy: Legal and Emotional Considerations

Because Nebraska’s laws are so nuanced, the choice between an agency vs. independent journey is significant.

	Agency Journey	Independent Journey
Legal Strategy	Access to attorneys who specialize in Nebraska’s specific statutes	You must vet and hire your own legal team
Screening	Professional medical and psychological vetting for both parties	Risk of matching with parties who have different legal expectations
Support	A dedicated coordinator to manage the relationship and escrow	You must manage all logistics and financial reimbursements yourself
Security	Enhanced layers of protection to mitigate the “unenforceable” nature of the state	Higher risk if the relationship between parties sours

Ensure Your Nebraska Surrogacy Contract Covers Every Detail

Since Nebraska contracts are unenforceable, you will need the support of a knowledgeable attorney and the support of a quality agency to ensure that everyone is on the same page from day one, and that may mean completing surrogacy outside of Nebraska.

To stay updated on your ability to complete surrogacy in Nebraska or to get your questions answered, reach out to a surrogacy professional.