Iowa

Accepts / Does NOT Accept CA Judgments

Accepts

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

Pre Birth / Post Birth

Pre-Birth and Post Birth required

State Law Governing Gestational Surrogacy

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

Iowa does not have comprehensive surrogacy legislation, but case law clarifies that gestational surrogacy is permitted and Iowa Administrative Code Section 641-99.15 (Establishment of new certificate of live birth following a birth by gestational surrogate arrangement) details how the birth certificate can be completed for children born via gestational surrogacy under specific parameters.

Vital Records Information

Contact: Jeri Southwick ([email protected], 515-281-5133)

  • Judgment needs to be sent to Jeri for approval to ensure it meets Iowa code requirements

Important Information:

  • No domestication/ registration is needed if it follows the code of Iowa
  • It is not necessary to obtain a pre-birth order, as the Health Statistics Department will follow the post-birth order to issue the birth certificate (however, we always obtain pre-birth order to have a record of IPs’ rights and also to make it faster to get the post-birth)
  • Pre-birth order can only establish legal paternity (GC husband, if applicable, will go on the original BC, although GC and husband can refuse this at the hospital)

Birth Certificates: A certified post-birth order should send directly to Jeri to process the new birth certificate

  • Amendment Fee as of today is $20, each birth certificate also $20.
  • The written request of the birth certificate needs to be notarized and submitted to the Health Statistics Department with fees and mailing instructions
  • Health Statistics will amend the birth certificate within 2-4 weeks after the birth according to the post-birth Judgment (ONLY genetic IPs- non genetic need to adopt)

Local Counsel

Carmen Janssen
(515) 223-0395
[email protected]