An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Missouri

Generally, is Missouri friendly to ART? Missouri is a great state for collaborative reproduction.  

Is Missouri friendly to non-married couples? Non-married couples may adopt in the state of Missouri at the discretion of the court. Non-married couples may also avail themselves of the Missouri parentage statute for establishing parentage if they are both genetically related to the child. 

Is Missouri friendly to LGBTQ+ families? Missouri is a friendly place for LGBT families. We can do adoptions, stepparent adoptions, and regular parentage orders for married LGBTQ+ couples. 

Is Missouri friendly to a single intended parent? There’s no requirement that a petitioner for adoption or parentage be married, nor is there a marriage requirement for an intended parent who is genetically related to child.  

Are there statutes in place for surrogacy?  Missouri does not have surrogacy-specific statutes or caselaw, but its artificial insemination statute applies in arrangements involving surrogacy that experienced Academy attorneys have been using regularly for over 2 decades.  

Does Missouri have an embryo donation statute? Missouri does not have a statute that is specific to embryo donation but experienced Academy fellows apply the artificial insemination statute to both egg and sperm donors. 

Does Missouri have an egg donation statute? Missouri has a statute that applies to egg donation, but it is not specific to ova. We’re mysterious like that. Don’t worry. It works. 

Is gestational surrogacy (third party gamete use) permitted? There’s no Missouri statute or caselaw prohibiting gestational surrogacy and experienced Academy attorneys have been helping families grow via gestational surrogacy for over 2 decades.  

Is traditional surrogacy (use of the surrogate’s genetic material) permitted? There’s no Missouri statute or caselaw prohibiting traditional surrogacy. The authors, some of whom have an extensive background in adoption law, note the legal risk associated with it is exceptional.  

Is compensated (paid) surrogacy allowed by statute?  In practice? There’s no Missouri statute or caselaw prohibiting compensated surrogacy and experienced Academy attorneys have been helping families grow via compensated surrogacy for over 2 decades. 

Is uncompensated (expense reimbursement only) surrogacy allowed by statute?  In practice? There’s no Missouri statute or caselaw prohibiting altruistic surrogacy and experienced Academy Fellows have been helping families grow via altruistic surrogacy for over 2 decades. 

Does Missouri only permit a Carrier to be reimbursed for expenses (altruistic)? There’s no Missouri statute or caselaw prohibiting expense reimbursement, nor compensation in surrogacy. Experienced Academy Fellows have been helping families grow via altruistic surrogacy for over 2 decades in Missouri. 

Are surrogacy agreements enforceable, void or prohibited? Not expressly but none have ever been denied by a Missouri court.  

Do both Intended Parents both have to be genetically related to the child? Missouri’s parentage statute contemplated a couple who needed help to conceive—even in 1987 when it was adopted. So, while Missouri’s statute specifically contemplates sperm donation, the legislators had the foresight to add a provision in 1994 that made the sperm donation statute applicable to egg donation. United States caselaw since then has reaffirmed what experienced Missouri Academy Fellows have been doing for over 2 decades—which is to apply the sperm donation statute in its reciprocal form to egg donation for any married couple including same sex couples.  

Does Missouri require at least one Intended Parent to be genetically related to the child? Missouri has statutory law that has allowed Intended Parents who are not directly genetically related to a child to establish legal parentage.  

If a single intended parent uses surrogacy, do they have to be genetically related to the child? Missouri has case law and statutory law that has allowed Intended Parents who are not directly genetically related to a child to establish legal parentage. It’s a good idea to consult with an Academy Fellow concerning your specific circumstances.  

Do the Intended Parents have to be married? Non-married couples may adopt in the state of Missouri at the discretion of the court. Non-married couples may also avail themselves of the Missouri parentage statute for establishing parentage if they are both genetically related to the child. 

Do two Intended Parents have to be opposite genders? No 

Does Missouri allow pre-birth parentage orders to be issued for surrogacy? No, Missouri’s statute explicitly prohibits it. But don’t you worry—we can make it happen anyway. It’s a good idea to consult with an Academy Fellow concerning your specific circumstances.  

Does Missouri only allow a post-birth parentage order to be issued? Missouri statute specifically prohibits pre-birth orders, but it’s really not so bad. A lot of states that allow pre-birth orders are kind of lying because the orders don’t take effect until birth occurs. Also, Missouri allows pre-birth support orders. 

Can you obtain both a pre and post birth order in Missouri for the same child? Missouri allows only post-birth judgments of parentage.  

Can you obtain a parentage order if only the carrier resides in the State? Yup 

Can you obtain a parentage order if only the intended parents reside in the State? These guys have done it before.  

Can you obtain a parentage order if only the birth occurs in the State? Yes.  

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in the State? Nothing prohibits a Missouri court from issuing a parentage order under those circumstances. 

What is the basis for venue in the State? Where the child resides, where either parent resides, where the carrier resides, or where the alleged father resides or can be found yes seriously.  

Do results vary by venue? They do, but not legally.  

Is a hearing required for a parentage order? Nothing in the Missouri statute requires a hearing. Judges in every circuit are different.  

Does the State have a passport office? Missouri does not have an expedited passport office, but there are some services who will do walk-through passports. And Missouri has great baseball, beer, and barbecue.  

How long does it take to obtain a birth certificate? Missouri’s birth certificate turnaround varies significantly—from about 10 days if the application is made in person to 4 months if by mail. 

Will your vital records honor a parentage order from another state? Missouri’s vital records office will honor a parentage order from another state if it was entered (signed) on or after birth and if it contains the requisite demographic information.  

Does your vital records office require a parentage order from another state to be registered? Missouri’s Bureau of Vital Records does not currently require registration of out of state parentage orders. 

How does the birth certificate list same-sex parents? Currently the long-form birth certificate is available for same-sex parents and it references Parent and Parent in one section and Co-parent and Co-parent in another section.  

Can an initial birth certificate be obtained naming the biological parent and the carrier? A Missouri birth certificate can be amended or prepared to name the biological parent and gestational carrier depending on the circumstances.  

Can the birth certificate be amended to include only the biological parent or both intended parents? A Missouri birth certificate can be amended or prepared to include only the biological parent or both intended parents depending on the circumstances. 

Do your amended birth certificates say “amended” on them? Missouri birth certificates can be prepared without an amended notation depending on the circumstances. 

Can intended parents in a surrogacy obtain an adoption order? The authors note that adoption orders for intended parents are not generally the best legal avenue and so while it is possible, it’s important to consult with an experienced ADOPT-ART Fellow when seeking an adoption order.  

Assisted Reproduction law and surrogacy involves many complex issues. Parties who are contemplating engaging in a surrogacy arrangement in the State of Missouri should not rely exclusively on these printed responses. All these issues should be discussed with a Missouri attorney who is experienced in surrogacy law. Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.