Significant statutory restrictions

Surrogacy laws in Nebraska

Nebraska has an express statute making a defined category of surrogate parenthood contracts void and unenforceable. The statutory definition matters, so the rule should not be generalized beyond its text.

What Nebraska law says

Nebraska Revised Statute §25-21,200 states that a “surrogate parenthood contract” entered into is void and unenforceable. The same section defines that term as a contract under which a woman is to be compensated for bearing a child of a man who is not her husband.

Why the red classification appears on the state index: Nebraska has an express statutory non-enforceability rule for the category defined in §25-21,200. The classification does not expand that definition or answer every assisted-reproduction and parentage question.

What this means for a prospective carrier

The exact proposed agreement and compensation structure should be reviewed by Nebraska reproductive counsel before anyone assumes whether the statute applies. Do not rely on a generic statement that “surrogacy is illegal” or, in the other direction, assume that a contract drafted under another state's law avoids Nebraska issues.

Primary authority: Nebraska Rev. Stat. §25-21,200.