Surrogacy Law in Missouri

Missouri does not have any statutes that directly address surrogacy, but does provide statutes surrounding assisted reproduction. Through other statutes and available case law, attorneys in Missouri have successfully helped intended parents establish legal parentage through the courts in countless surrogacy journeys.

Missouri is a "post-birth" state, meaning a court order recognizing the intended parents as the child's legal parents cannot be issued until after the baby is born. In most cases, an adoption is not required. Additionally, Courts can issue a parentage order (Missouri’s version of a “birth order”) naming the intended parent(s) as legal parents, even when donor eggs, donor sperm, or both are used.

Parentage orders are available to all family dynamics, including heterosexual couples, same-sex couples, and single intended parents. However, Missouri law does require that the intended parents be married if one parent is not genetically related to the child. If the intended parents are unmarried in that situation, the non-genetic parent would need to pursue an adoption to establish their legal parental rights.