Here’s an odd law that seems innocuous at first glance. In the far-off days of 1998 the Legislature passed LB674. This law makes all surrogacy contracts void in the state of Nebraska, while specifically providing rights to the biological father, which in this specific case would be the person whose sperm was used, regardless of if they are involved in the relationship that is trying to create and raise the child.

Every state has slightly different rules about surrogacy. Most allow for contracts between (for lack of a better term) the couple and the surrogate that will ensure some kind of legal boundary as well as payment for the surrogate. Arizona and DC completely ban such contracts, while surrogacy contracts are completely voided in Nebraska; Louisiana; Kentucky; Indiana; New York; and Michigan, with the last two also issuing fines to people who try to get involved in that kind of contract.   Nebraska just happens to be the only one that chooses to assign parentage to the biological male.

Since this law was enacted in 1988, there is some language to it that misses nuance, and there are many occasions that would exist that makes giving the biological donor not necessarily connected to the relationship enough to warrant parental rights, so I feel this is one that deserves a little highlighting in the hopes someone in the Legislature will look at it and think to give it a modern-day update.

Some of you might remember the story in December 2020 of the Omaha woman, Cecile Eledge, who was a surrogate for her son and his husband. This is the kind of surrogacy that is safe enough to get by in Nebraska. However, while compensated surrogacy is not legal in Nebraska, there are still ways to safely use a surrogate to help with starting your family. It is recommended that you reach out to a legal advocate who is experienced with surrogacy law who can give you advice on how to carefully navigate it. The law is as follows:

LB 674

AN ACT relating to surrogate parenthood contracts; to

declare such contracts void; to provide rights

and obligations for biological fathers as

prescribed; and to define a term.

Be it enacted by the people of the State of Nebraska,

(1) A surrogate parenthood

contract entered into shalI be void and unenforceable.

The biological father of a child born pursuant to such

contract shall have all the rights and obligations

imposed by law with respect to such child.

(2) For purposes of this section, unless the

context otherwise requires, a surrogate parenthood

contract shall mean a contract by which a woman is to be

compensated for bearing a child of a man who is not her

husband