Significant statutory restrictions

Surrogacy laws in Louisiana

Louisiana has a specific statutory pathway for gestational-carrier agreements, but it is narrow and contains material restrictions on who can use it, compensation, and contract enforceability.

What Louisiana law says

Louisiana Revised Statutes §§9:2718–2720.15 regulate gestational-carrier contracts. The statutory pathway is restricted to intended parents who are married to each other and create the embryo using only their own gametes. An enforceable agreement must be written, signed by the required parties and approved by a court before embryo transfer.

Compensation and medical decision-making

Louisiana law does not permit a gestational-carrier contract for “compensation” as defined by statute, although specified actual expenses and related payments may fall outside that definition. The statute also provides that a contract cannot require the carrier to terminate a pregnancy.

Why the red classification appears on the state index: Louisiana has an express framework, but the eligible arrangements are statutorily narrow and compensated contracts as defined by the statute are unenforceable.

What this means for a prospective carrier

Do not assume that a standard compensated-surrogacy package used elsewhere fits Louisiana law. Before matching, signing or beginning a transfer cycle, have Louisiana reproductive counsel confirm whether the proposed arrangement satisfies the statute and how permitted expenses, court approval and medical-decision provisions should be handled.

Primary authorities: La. R.S. §§9:2718, 9:2718.1 and 9:2720.