Louisiana recognizes only a narrow form of gestational surrogacy: a married intended-parent couple must each contribute their own gametes, all principal parties must satisfy a 180-day Louisiana domicile rule, and a court must approve the agreement before embryo transfer. The statutory pathway is noncommercial and requires documented medical necessity.
State law makes some surrogacy agreements void, prohibited, or available only through a narrow pathway that requires specialized review.
A Louisiana gestational-carrier contract is enforceable only after pre-transfer judicial approval under La. R.S. 9:2720 through 9:2720.5. Payment beyond statutorily approved actual expenses makes the contract null; as amended by 2026 La. Acts No. 814, the contract also may not require pregnancy termination for any reason or multifetal pregnancy reduction.
The intended parents must be married to one another, each must contribute a gamete used to create the embryo, and each must have been domiciled in Louisiana for at least 180 days before the court proceeding. A physician must attest that gestational surrogacy is medically necessary because of infertility or a serious health risk from pregnancy.
Louisiana uses two court stages. The parties first obtain an Order Preceding Embryo Transfer; after birth, they return for the mandatory Post-Birth Order, with the birth certificate, expense accounting, and physician verification required by La. R.S. 9:2720.13.
Before matching, confirm marriage, both intended parents' genetic contributions, medical necessity, every principal party's 180-day domicile, and the carrier's age and prior-birth qualifications.
Build the budget only around actual expenses approved by statute and the court; compensation outside that structure makes the contract null.
The agreement, evaluations, background materials, counseling, and physician affidavit must support an Order Preceding Embryo Transfer before treatment proceeds to transfer.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Retain Louisiana counsel for both sides before matching or drafting so counsel can test every statutory eligibility fact, structure approved expenses, and sequence the pre-transfer and post-birth proceedings.
The intended parents must be married to one another, each must contribute a gamete used to create the embryo, and each must have been domiciled in Louisiana for at least 180 days before the court proceeding. A physician must attest that gestational surrogacy is medically necessary because of infertility or a serious health risk from pregnancy.
Coordinate the clinic, surrogate screening, insurance review, independent attorneys, and all required signatures before medication or embryo transfer. A Louisiana gestational-carrier contract is enforceable only after pre-transfer judicial approval under La. R.S. 9:2720 through 9:2720.5. Payment beyond statutorily approved actual expenses makes the contract null; as amended by 2026 La. Acts No. 814, the contract also may not require pregnancy termination for any reason or multifetal pregnancy reduction.
Louisiana uses two court stages. The parties first obtain an Order Preceding Embryo Transfer; after birth, they return for the mandatory Post-Birth Order, with the birth certificate, expense accounting, and physician verification required by La. R.S. 9:2720.13.
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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