Opting for Gestational Surrogacy in Montana

No published case of statutory law restricts or prohibits surrogacy in the state.

Prenatal Parenthood Orders

Are the pre-natal parentage or pre-birth parenthood orders granted by the authorities?
Yes

Are both the parents acknowledged as the legal or legitimate parents in a pre-natal or pre-birth order in case there is a genetic connection of at least one parent with the child?

Married straight or heterosexual couple with own egg and sperm: Yes

Married straight or heterosexual couple with donated egg or sperm: Yes

Unmarried straight or heterosexual couple with own egg and sperm:  Yes

Unmarried straight or heterosexual couple with donated egg or sperm:  Yes, but there’s a more favorable legal support available in case there is at least one intended parent with the genetic connection.

Same-sex or homosexual married couple going with egg or sperm donation: Yes

Same-sex or homosexual unmarried couple going with egg or sperm donation: Yes, but there’s a more favorable legal support available in case there is at least one intended parent with the genetic connection.

Single parent with own sperm or egg: Yes

Is the declaration of both the Intended Parents as the legal parents possible in a pre-birth or pre-natal parentage order if no parent has a genetic relationship with the child?

Married straight or heterosexual couple: Yes, but if none of the intended parents give birth or are genetically related to the child, the legal claim for parentage gets weak.

Unmarried straight or heterosexual couple: As mentioned above. Additionally, the joint petition or request may be asked for if the intended parents are unmarried.
Single parent: As goes above.

Same-sex or homosexual couples who are married: As mentioned above.

Same-sex or homosexual couples who are unmarried: Same as above. Additionally, the joint petition or request may be questioned or interrogated if the intended parents are unmarried.

Where is the venue?

The birthplace of the child or the place where the parents reside. However, the party may choose to go with a different venue as per their choice.

Do results change as per venue?

Yes. 

Is there any option to waive or change the venue?

Yes.

Is there a need for hearing to acquire a pre-birth order?

In general no, but this largely depends on the discretion of the judge. But, if there is the need for a hearing, there is a provision to have testimony over the phone. 

Is a pre-natal order allowed in Montana to go for delivery in the state, if none of the party resides in Montana?

Probably. But not sure.

Does the Montana Vital Records recognize a pre-birth or pre-natal order from other states of the US?

There may be a requirement for Domestication.

Is there any time limit to acquire the birth certificate post-delivery?

Approx. 10 days.

Same-Sex Couple Surrogacy in Montana

How are homosexual parents placed on the final certificate of birth?
Any of the parents can be appointed as “Mother”, “Father”, or “Parent”, as per the order of the court.

Can an initial birth certificate be granted to homosexual or same-sex couple from another country, if they provide the name of the gestational carrier and biological father?
Yes, but there’s a requirement of the post-birth order.

Can the initial birth certificate be obtained by homosexual or same-sex male couple from another country, if they only mention the name of the biological father?
Yes.

Does an international homosexual or same-sex couple receive a birth certificate by naming both fathers, and not mentioning the gestational carrier?
Yes

Do same-sex or homosexual couples get the choice to include the second father through parentage or adoption order?
Yes, but in case of adoption, they need to satisfy the jurisdictional requirements and waiting time requisites, if there are any.

Is there any provision for the non-biological same-sex parent to acquire order for adopting the second parent when the birth takes place in Montana but none of the parents are the residents of Montana?
Yes, if all the jurisdictional requisites and waiting time requirements are met.

If no, does Montana Vital Records recognize an order for adopting second-parent from another state and add them to the child’s birth certificate?
Yes.

Adoptions of the Second/Companion Parent and Step-parent by Montana Residents

Will the court authorities in Montana allow for second/companion parent or stepparent adoptions to straight or heterosexual couples who are residents of Montana?

Yes.

Is it required for the couple to be married?

No.

Will the legal policies in Montana allow for second-parent or stepparent adoptions to same-sex or homosexual couples who are residents of Montana?

Yes.

Is it required for the couple to be married?

No

Sperm and Egg Donation in Montana

Does any statutory law or public case apply to the rights related to the results of surrogacy like egg, embryo, sperm, or child? 
Yes, Mont. Code Ann. § 40-6-106 furnishes that if the insemination done by a physician is as per the consent of both husband and wife, the husband is deemed as the father and the sperm donor gets no ownership or control rights. However, this legislative act is not considered to be constitutional as it does not have the same legal provision for egg/sperm donors and non-genetic spouses in case of the same-sex or homosexual married couples.

Conventional Surrogacy in Montana

Traditional or Conventional Surrogacy is legally permissible in Montana as no legal act or case prohibits it. However, the court authorities may ask for post-birth proceedings or adoption.

Please Note: Since laws of any state pertaining to egg donation or surrogacy may change at any time, the above statements may not be accurate at the time of the match and reproductive attorney consultation is necessary, the referral can be provided through Rite Options.