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

Generally, is your state friendly to ART?  Montana is generally friendly to ART  

Is your state friendly to non-married couples? Yes it is 

Is your state friendly to LGBT families? Yes it is 

Is your state friendly to a single intended parent? Yes it is 

Are there statutes in place for surrogacy?  There are no statutes addressing surrogacy 

Does your State have an embryo donation statute?  No it does not 

Does your State have an egg donation statute? No it does not 

Is gestational surrogacy (third party gamete use) permitted?  Yes, gestational surrogacy is permitted by practice 

Is traditional surrogacy (use of the surrogate’s genetic material) permitted?  Yes, traditional surrogacy is permitted by practice 

Is commercial (paid) surrogacy allowed by statute?  In practice?  Yes, paid surrogacy is permitted by practice 

Is altruistic (expense reimbursement only) surrogacy allowed by statute?  In practice?  Yes, altruistic surrogacy is permitted by practice 

Does your state only permit a Carrier to be reimbursed for expenses (altruistic)?  There are no laws addressing surrogacy arrangements 

Are surrogacy agreements enforceable, void or prohibited?  Enforceability is fact specific and has not been litigated 

Do both Intended Parents both have to be genetically related to the child? There is no requirement for both Intended Parents to be genetically related 

Does your State require at least one Intended Parent to be genetically related to the child?  There is no requirement, but at least one genetically related intended parent is recommended in a surrogacy arrangement based on parentage law  

If a single intended parent uses surrogacy do they have to be genetically related to the child?  There is no requirement, but a genetic relationship is recommended based on parentage law.    

Do the Intended Parents have to be married?  There is no requirement of marriage, but marriage is recommended to protect parental rights of the non-genetic parent in a surrogacy arrangement  

Do two Intended Parents have to be opposite gender? Same-sex intended parents are permitted based on federal case law 

Does your state allow pre-birth parentage orders to be issued for surrogacy? Yes, pre-birth parentage orders are issued for surrogacy arrangements by practice 

Does your state only allow a post-birth parentage order to be issued?  Both pre-birth and post birth parentage orders are issued 

Can you obtain both a pre and post birth order in your State for the same child? Yes, both pre-birth and post birth parentage orders may be obtained for the same child and that practice is recommended  

Can you obtain a parentage order if only the carrier resides in the State?  A parentage order may be obtained if only the carrier resides in the State 

Can you obtain a parentage order if only the intended parents reside in the State?  A parentage order may be obtained if the carrier gives birth in the State 

Can you obtain a parentage order if only the birth occurs in the State?  Yes, A parentage order can be obtained if the carrier gives birth in the State 

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in the State?  A parentage order likely cannot be obtained based on medical procedures occurring in the State 

What is the basis for venue in the State?  There are multiple bases for venue and consent to venue may be given 

Do results vary by venue? Results vary by venue 

Is a hearing required for a parentage order?  A hearing is not required by practice. 

Does the State have a passport office?  Passport offices exist at multiple post offices  

How long does it take to obtain a birth certificate?  The time required to obtain a birth certificate varies based on multiple factors 

Will your vital records honor a parentage order from another state?  The vital records office is expected to honor a post birth parentage order but may not honor a pre-birth parentage order 

Do your vital records require a parentage order from another state to be registered?  The vital records office is expected to honor a post birth parentage order without a court registration process but may not honor a pre-birth parentage order, even if registered 

How does the birth certificate list same-sex parents?  The official birth certificate typically lists same-sex parents as “Parent” but the hospital certificate may use incorrect designations 

Can an initial birth certificate be obtained naming the biological parent and the carrier? An initial birth certificate may be obtained naming both the biological parent and the carrier 

Can the birth certificate be amended to include only the biological parent or both intended parents?  A birth certificate may be amended or a new birth certificate issues to include only the biological parent or both intended parents 

Do your amended birth certificates say “amended” on them?  Yes, an amended birth certificate says “amended” but obtaining a new birth certificate that does not say “amended” is possible  

Can intended parents in a surrogacy obtain an adoption order?  Intended Parents may obtain an adoption order upon satisfying additional procedural requirements