Surrogacy Laws in Iowa

Fast Facts

• Is Iowa a surrogate friendly state: Yes. There is no difference in laws for heterosexual couples, same sex couples,, and single parents.
• Can Parent(s) obtain a birth order without an adoption: Yes. In the Pre-Birth Order the court will establish the genetic father and terminate the rights of a surrogate’s spouse. Following the birth of the child, Iowa judges will grant a Post-Birth Order establishing parental rights for a second parent genetically related to the child. The court will further terminate any legal rights of the surrogate.
• Can a birth order be obtained without a genetic connection to Child: No. A Pre- or Post-Birth Order will only establish parental rights for parents genetically connected to the child.

Summary of Iowa Surrogacy Law

Surrogacy is legal in Iowa and common in most areas of the state. Iowa Code § 710.11. Using the Administrative Code and paternity law, genetic parents may be established in a parentage case. Iowa Admin. Code r. 641—99.15; Iowa Code Chapter 600B. The Administrative Code outlines the requirements to establish parentage for the birth certificate, including an adoption or any parents not genetically related to the child. Admin. Code r. 641—99.15. If one parent does not have a genetic connection to the child, the parties must follow the parentage case with a second parent adoption. The process is simple and streamlined, but must be completed for the non genetic parent to establish their legal parental rights.

Attorneys specializing in surrogacy law in Iowa

Shayla L. McCormally, Attorney
McCormally & Cosgrove
www.mciowalaw.com
(515) 218-9878
4508 Fleur Dr.
Des Moines, IA 50321
shayla@mciowalaw.com

Emilee Gehling
Gehling Osborn PLC
golawfirm.com
(712) 226-4601
600 4th Street, Suite 900
Sioux City, IA 51101
Emilee@golawfirm.com