What Potential Parents Should Know About Surrogacy in Montana

A recent declaration from Pope Francis is shining a light on a path to parenthood that may be in question in some states.

Earlier this week the Pope said in a speech that surrogacy should be banned. CBS News reports that the Pope referred to the practice as "deplorable" likening it to "trafficking." CBS News further explained that the Pope considers surrogacy, "a grave violation of the dignity of the woman and the child and that it exploited surrogate mothers' financial circumstances."

Surrogacy in the United States

This may not be top of mind unless you're interested in becoming a parent. Surrogacy, for example, can help a variety of couples who can't have a baby on their own. The legality of surrogacy laws varies around the world, and in the United States, the laws are not the same in every state.

New York: It was only a few years ago when "paid gestational surrogacy" became legal in New York.

Michigan: Very strict laws, though some are finding ways around limitations.

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What Are Montana's Surrogacy Laws?

It turns out that multiple sources indicate that Montana doesn't have any laws related to surrogacy. The website surragte.com confirms that surrogacy is legal in Montana, but they do provide the following advice:

...be aware that to complete a surrogacy in Montana, intended parents may need to legally adopt their child or attend a post-birth hearing to establish their parental rights. --surrogate.com

A Legal Professional Group of the American Society or Reproductive Medicine also shares that Montana courts usually support surrogacy, though they clarify, "These determinations, however, are left to the judge's discretion..."

If You Are Considering Surrogacy in Montana

A national organization Bright Futures Families LLC has a local facility in Billings called Montana Surrogacy and they connect with both "gestational carriers and intended parents." In addition to guidance about the surrogacy process, they can also help with the legal aspects of the arrangement, or refer you to legal counsel.