Nebraska makes a compensated surrogate-parenthood contract void and unenforceable under Neb. Rev. Stat. § 25-21,200. It does not provide a comprehensive gestational-surrogacy framework, and parentage after birth depends heavily on genetics, acknowledgments, and adoption.
State law makes some surrogacy agreements void, prohibited, or available only through a narrow pathway that requires specialized review.
Section 25-21,200 voids and makes unenforceable a surrogate-parenthood contract when a woman is compensated to bear a child for a man who is not her husband; it preserves the biological father's rights and obligations. The statute does not comprehensively regulate an uncompensated gestational arrangement, so one should not infer that altruistic agreements are affirmatively authorized or enforceable.
No statute sets a gestational carrier's age, prior-birth, residence, or screening requirements. The person who gives birth participates in the maternity acknowledgment when that route applies, so her cooperation and independent legal advice remain important after delivery.
Nebraska does not provide a surrogacy-specific pre-birth order procedure. After birth, Neb. Rev. Stat. § 71-604.02 and the Department of Health and Human Services form allow the genetic intended mother to replace the birth mother on the record when all required parties sign; configurations outside the acknowledgment route generally require a court or adoption process.
Have Nebraska counsel review every proposed payment before any commitment because § 25-21,200 expressly voids contracts within its compensated-surrogacy definition.
Determine whether the intended father can acknowledge paternity and whether the intended mother's egg created the embryo for the § 71-604.02 maternity acknowledgment.
The maternity acknowledgment requires the birth mother's and biological mother's notarized signatures; separate paternity or spousal affidavits may also be needed for the other parent's entry.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Consult Nebraska reproductive-law and adoption counsel before matching, payments, or transfer to avoid the compensated-contract prohibition and map each parent's post-birth acknowledgment or adoption route.
No statute sets a gestational carrier's age, prior-birth, residence, or screening requirements. The person who gives birth participates in the maternity acknowledgment when that route applies, so her cooperation and independent legal advice remain important after delivery.
Complete medical, psychological, insurance, compensation or expense, and independent legal review before medication or embryo transfer. Section 25-21,200 voids and makes unenforceable a surrogate-parenthood contract when a woman is compensated to bear a child for a man who is not her husband; it preserves the biological father's rights and obligations. The statute does not comprehensively regulate an uncompensated gestational arrangement, so one should not infer that altruistic agreements are affirmatively authorized or enforceable.
Nebraska does not provide a surrogacy-specific pre-birth order procedure. After birth, Neb. Rev. Stat. § 71-604.02 and the Department of Health and Human Services form allow the genetic intended mother to replace the birth mother on the record when all required parties sign; configurations outside the acknowledgment route generally require a court or adoption process.
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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