The Iowa Supreme Court enforced a gestational-surrogacy agreement in P.M. v. T.B. and held that Iowa's child-selling law does not prohibit traditional or gestational surrogacy. Iowa still lacks a comprehensive agreement statute, and birth-record rules effective July 1, 2026 make genetics decisive in choosing a post-birth court order or adoption.
A path exists, but eligibility, agreement, genetic, residency, approval, or parentage requirements can materially limit who may use it.
P.M. v. T.B. enforced a compensated gestational agreement in favor of the biological intended father on its facts and rejected a categorical public-policy bar. The decision is important authority but does not create a statutory checklist or guarantee enforcement for every arrangement.
No Iowa surrogacy statute sets age, marriage, residency, or screening requirements for intended parents. Under the current birth-record rule, a non-genetic intended parent's route depends on relationship and configuration: a non-genetic spouse generally adopts, and intended parents with no genetic connection generally use adoption.
The original birth record lists the person who gave birth. Under Iowa Administrative Code r. 641-99.15, genetic intended parents use a court parentage order after birth; a non-genetic spouse or intended parent generally uses adoption under chapter 600, with the precise route dependent on the genetic configuration.
The Iowa Supreme Court upheld that agreement and rejected a categorical ban, but its holding does not replace careful drafting or resolve every donor-assisted configuration.
The person who delivers is listed initially, and amendments follow only after the relevant post-birth order or adoption.
Identify both gamete sources before transfer because the rule assigns different post-birth routes to dual-genetic, one-genetic, and no-genetic families.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Ask Iowa counsel to apply P.M. v. T.B. to the proposed agreement and map each intended parent's genetics and relationship to the post-birth order or chapter 600 adoption required by rule 641-99.15.
No Iowa surrogacy statute sets age, marriage, residency, or screening requirements for intended parents. Under the current birth-record rule, a non-genetic intended parent's route depends on relationship and configuration: a non-genetic spouse generally adopts, and intended parents with no genetic connection generally use adoption.
Coordinate the clinic, surrogate screening, insurance review, independent attorneys, and all required signatures before medication or embryo transfer. P.M. v. T.B. enforced a compensated gestational agreement in favor of the biological intended father on its facts and rejected a categorical public-policy bar. The decision is important authority but does not create a statutory checklist or guarantee enforcement for every arrangement.
The original birth record lists the person who gave birth. Under Iowa Administrative Code r. 641-99.15, genetic intended parents use a court parentage order after birth; a non-genetic spouse or intended parent generally uses adoption under chapter 600, with the precise route dependent on the genetic configuration.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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