Iowa surrogacy law: How you can establish legal parentage
Are you matched with or considering matching with a gestational surrogate in Iowa? If so, that is where your legal parentage will need to be established. Rest assured, there is an effective legal process in place, and dedicated Iowa attorneys to make it happen!
Sarah E. Wilson is an attorney experienced in surrogacy journeys, and she has created for us an outline of how legal parentage is achieved in Iowa. She is an ART and adoption attorney based in central Iowa, with a practice dedicated to family building law. Sarah’s approach in working with her clients is to provide compassionate, client-focused representation and guidance.
Sarah began practicing in the areas of ART and family-building law early on in her legal career and has assisted hundreds of families in growing through adoption and ART. Through pro bono work, Sarah is also an advocate for issues impacting access to fertility care and family building and has also been featured as a speaker on the topics of ART, surrogacy, and adoption. Outside of her legal practice, Sarah is a proud mom to her young daughter.
Iowa’s ART attorneys experienced in surrogacy contracts provide comprehensive guidance so that you can navigate the process with ease and certainty.
Gestational Surrogacy in Iowa
In the evolving landscape of modern family planning, gestational surrogacy is an option for many hopeful parents. Your first step is navigating through the matching process with your surrogacy agency. After matching, your surrogate will complete required medical and psychological screenings as directed by your fertility clinic. Once they are medically approved, all parties work through the legal contracting process with independent legal counsel. Your legal agreement with your surrogate is one of the first steps in affirming your role as the intended parent of your future child. Your team at Heartland Surrogacy can help you find an attorney that is licensed in Iowa and experienced in writing surrogacy contracts.
When you have completed the contract between you and your surrogate, excitement and eagerness will build as you approach a major milestone in your surrogacy journey: Transfer Day! Fast forward to post-transfer and everyone’s received the wonderful news that there is a confirmed pregnancy. You will then get to enjoy watching the pregnancy progress while planning the future of your growing family.
Near the middle of the pregnancy, it’s time to go back to your attorney to establish parentage. Heartland Surrogacy will connect with your attorney to ensure that they have the information they need for the next steps. In this phase, the goal is to ensure that you are recognized as legal parents of the child and included on the baby’s birth certificate.
The good news for intended parents who are exploring surrogacy in Iowa is that the state recognizes it as an option for family building. For some intended parents, such as Kyle and Jon in Nebraska, the state becomes a more accessible option: “We were restricted in our home state on surrogacy laws so decided to pursue our journey in neighboring Iowa to make things easier.”
The legal framework for surrogacy in Iowa includes a 2018 Iowa Supreme Court decision that upheld the enforceability of gestational surrogacy agreements in the state. It also stood in favor of administrative rules directing how birth certificates are established following a gestational surrogacy birth. These legal authorities provide direction and guidance for your attorney to work with you to establish legal parentage.
Establishing Parentage in Iowa: Step-by-Step
Pre-Birth Parentage Order
In the first step of the parentage process, intended parents work with their attorney to request a pre-birth order. This is a court order that recognizes a genetic intended parent as the legal parent before the child’s birth. Requesting the pre-birth order involves filing a petition with the court, along with other detailed documents. The intended parents and the surrogate maintain their independent legal counsel throughout this process.
The pre-birth order establishes the genetic intended parent as a legal parent of the child. A genetic intended mother and non-genetically related intended parents are legally established after the baby is born. It is key to have this document in hand well in advance of the anticipated due date, and ideally before the halfway point in the pregnancy. Once the pre-birth order has been issued, your case manager and your attorney ensure that a copy is on file at the hospital ahead of the birth.
Post-Birth Parentage Order
Fast forward again, and the baby has arrived! Following birth, the Heartland team will provide your attorney the information they need for the next steps. You and your attorney will request a post-birth order from the court, which will recognize both genetic intended parents as the legal parents, or one intended parent as the legal parent if there was a gamete (egg or sperm) donor. Post-birth orders provide information for the state vital records office to issue the child’s birth certificate listing one or both intended parents, depending on the circumstances of your surrogacy.
Birth Certificate in Surrogacy
Your baby’s birth certificate is issued by the state where the baby is born, even if the parentage steps were completed in another state. You will continue to work with your attorney in the weeks following the birth to establish and request certified copies of the birth certificate. Processing times for the state vital records office vary; typically, a birth certificate in Iowa is processed within four weeks.
If your Post-Birth Order only establishes one of two intended parents, it is critical for you to talk with your attorney about your family circumstances. They will help you determine if a second parent adoption is necessary to recognize and protect the parental relationship between a non-genetic intended parent and the child.
If a second parent adoption (also referred to as a step-parent adoption) is recommended based on your circumstances, your attorney will help you finalize an adoption. That process establishes and solidifies the legal parental rights and responsibilities of the non-genetic intended parent. Second parent adoption requires attendance at a court hearing; your attorney may have information about attending virtually. Following adoption finalization, an updated birth certificate will be established and provided to you.
“In that dream, I was holding the sweetest baby and I watched myself write a name on the birth certificate…I experienced that very dream for real.” – Kent, Heartland parent
Common Questions about Iowa Surrogacy Laws
Talking about legal parentage naturally leads to questions about the steps required, timing, and terminology. Here are some of the most common questions we hear and general answers. As always, it’s important to discuss questions specific to your situation with your experienced independent legal counsel. Personal circumstances and surrogacy journeys can differ from one family to the next.
Can one attorney represent the intended parent(s) and the gestational surrogate through the contracting and legal parentage processes?
Do the parties have to attend a court hearing in person?
Generally, no. The parentage process in Iowa is completed virtually with your attorney and through court filings. Court hearings in parentage cases are rare unless you are completing a second parent adoption. In that case, you will attend a court hearing, which you may request to be held virtually.
If intended parents residing outside Iowa have matched with a gestational carrier in Iowa, do they need an Iowa attorney?
Most likely, yes. Parentage is typically established in the state where the baby will be born and where the birth certificate will be issued. There are some exceptions, so it is important to talk with your attorney for specific guidance.
In Iowa, can a single intended parent have a child via surrogacy?
Yes, single intended parents may pursue surrogacy in Iowa if you have a genetic connection to the child.
In Iowa, can intended parents have a gestational surrogate carry a donor embryo (i.e., intended parents will have no genetic connection to the child)?
This situation is complex and will require a case-by-case analysis by your attorney.
What happens if the surrogate wants to keep the baby?
Your surrogate will be vetted through various professionals before moving forward as an approved candidate for surrogacy. The legal steps of your surrogacy journey—from contracting to parentage—are intended to protect all parties’ rights, responsibilities, and duties in their given role. The ethical and experienced professionals you work with (your fertility clinic, mental health professionals, surrogacy agency, and independent legal counsel, to name a few!) will guide you toward building your beautiful family!
Talking about legal parentage naturally leads to questions about the steps required, timing, and terminology. Here are some of the most common questions we hear and general answers. As always, it’s important to discuss questions specific to your situation with your experienced independent legal counsel. Personal circumstances and surrogacy journeys can differ from one family to the next.
Can one attorney represent the intended parent(s) and the gestational surrogate through the contracting and legal parentage processes?
No, each party should be independently represented through the legal process. Typically, the parties work with their same attorney through contracting and parentage.
Do the parties have to attend a court hearing in person?
Generally, no. The parentage process in Iowa is completed virtually with your attorney and through court filings. Court hearings in parentage cases are rare unless you are completing a second parent adoption. In that case, you will attend a court hearing, which you may request to be held virtually.
If intended parents residing outside Iowa have matched with a gestational carrier in Iowa, do they need an Iowa attorney?
Most likely, yes. Parentage is typically established in the state where the baby will be born and where the birth certificate will be issued. There are some exceptions, so it is important to talk with your attorney for specific guidance.
In Iowa, can a single intended parent have a child via surrogacy?
Yes, single intended parents may pursue surrogacy in Iowa if you have a genetic connection to the child.
In Iowa, can intended parents have a gestational surrogate carry a donor embryo (i.e., intended parents will have no genetic connection to the child)?
This situation is complex and will require a case-by-case analysis by your attorney.
What happens if the surrogate wants to keep the baby?
Your surrogate will be vetted through various professionals before moving forward as an approved candidate for surrogacy. The legal steps of your surrogacy journey—from contracting to parentage—are intended to protect all parties’ rights, responsibilities, and duties in their given role. The ethical and experienced professionals you work with (your fertility clinic, mental health professionals, surrogacy agency, and independent legal counsel, to name a few!) will guide you toward building your beautiful family!
Your Surrogacy Support System
Experienced ART attorneys such as Sarah Wilson play a crucial role in the surrogacy progress. At Heartland Surrogacy, we work closely with skilled ART attorneys in to ensure your journey is both legally sound and personal. Our combined efforts provide the support and safeguard you need to navigate your path to parenthood. Establishing your legal rights as a parent is essential to the dream you have been working so hard to achieve!
Thank You, Sarah!
Heartland Surrogacy greatly appreciates the clear and helpful guidance Sarah shared with us. Her words help make the Iowa parentage process easier to understand. Sarah’s support empowers intended parents to make confident and informed decisions on their journey, and we’re grateful for her partnership!
Disclaimer
The information provided in this article is for informational and educational purposes only and is related to processes in the state of Iowa. This is not legal advice. Each family building journey is different from the next. It is important to talk with an attorney about your specific circumstances for tailored advice.