Montana Surrogacy Laws

There is no Montana case law or any state statute that prohibits would-be parents from practicing either gestational surrogacy or traditional surrogacy in Montana. As a result, both types of surrogacy are permitted and are practiced throughout Montana cities like Billings, Missoula, and Great Falls.

Laws Concerning Parentage Orders in Montana

Montana allows for its courts to grant pre-birth parentage orders, but such orders are not granted in all cases. Under Montana statute, “If, under the supervision of a licensed physician and with the consent of the woman’s husband, a wife is inseminated artificially with semen donated by a person who is not the husband, the husband is treated in law as if the husband were the natural father of a child conceived by artificial insemination,” (MCA 40-6-106.).

In cases where intended parents have no genetic relation to the child or are unmarried, the non-genetic parent must petition the courts to establish parentage (MCA 40-5-235).

Egg and Sperm Donor Law in Montana

Under Montana statute, a Montana sperm donor who provides semen “… to a licensed physician for use in artificial insemination of a married woman, other than the donor’s wife, is treated in law as if the donor is not the natural father of a child conceived by artificial insemination,” (MCA 40-6-106.).

Montana Stepparent and Second-Parent Adoption Law

Montana statute allows for a Montana stepparent to adopt their spouse’s child as long as their spouse has physical and legal custody of the child and the child has been in the physical custody of the spouse and stepparent during the sixty days preceding the filing of the Montana petition for adoption (MCA 42-4-302.).

The stepparent must obtain consent from their spouse and obtain an order of termination of the noncustodial parent’s parental rights (MCA 42-4-304, 42-4-310.). A six-month pre-placement and post-placement evaluation is required for all adoptions; however, the court, at its discretion, may waive the evaluations in cases of Montana stepparent adoptions.

Fertility Clinics in Montana

Consult with Baby Steps Surrogacy Center, Inc.

Montana surrogacy laws are relatively open at the moment, but that doesn’t mean the surrogacy process is easy. For the help you need, call Baby Steps Surrogacy Center, Inc. at 412-884-2229 or reach us through the contact buttons at the top of this page.