Gestational surrogacy contracts may be enforced in court under the following circumstances:

• When the contract is without financial compensation,
• When both intended parents are the genetic parents and they are married to one another,
• A gestational surrogate may not be compensated, however, the intended parents may reimburse certain expenses.

Louisiana state law essentially disqualifies most same sex parents from entering into surrogacy contracts as the law requires that both intended parents also be the genetic parents. In addition, only married couples may enter into a viable surrogacy contract that will be recognized by the state courts. This also excludes single intended parents from entering into enforceable surrogacy contracts.

Both the intended parents and the gestational surrogate must be residents of the State of Louisiana for a duration of at least 180 days prior to the transfer of an embryo.

Louisiana state law also limits some of the rights of a gestational surrogate:

• Contracts may not require the surrogate to have an abortion against her will, yet, the statute does not address her right to an abortion should the intended parents object.


• Any gestational surrogacy contract must define how reasonable healthcare and legal expenses will be paid and they must include an estimate of the planned expenses, and who will be the party responsible for payment.


• Any potential surrogate must “agree to reasonable medical evaluation and treatment during the term of the pregnancy, to adhere to reasonable medical instructions about prenatal health, and to execute medical records releases...in favor of the intended parents.” The law further dictates that the surrogate must undergo at least two counselling sessions prior to any embryo transfer and at least one session postpartum within six months.