Montana

Accepts / Does NOT Accept CA Judgment

Unclear- SLC records indicate no, IRLG indicates yes, and CFC states that domestication may be required- Confirm with VR before proceeding with any matches.

Per IRLG- Confirm with VR Before Proceeding

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

✓* (possibly)

✓* (possibly)

✓* (possibly)

Pre Birth / Post Birth

Pre-Birth

State Law Governing Gestational Surrogacy

✓*= Married preferred when using donors

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

There is no law in Montana addressing gestational surrogacy. Because it is not prohibited, gestational surrogacy may be practiced.

Vital Records Information

Contact: Lisa (hhsvitalrecordsadopt[email protected], 406-444-4226); Montana Vital Records, ATTN: Lisa, 111 N. Sanders, Room 6, Helena, MT 59601)

  • Send certified copy of the Judgment to VR

Judgment: Should include:

  • That the child will be born in Montana

  • IPs’ full legal names (first, middle, last)

  • IPs’ dates of birth

  • IPs’ places of birth (state or country only)

  • IPs’ home address at the time of birth

Birth Certificates: Birth record information will be collected by hospital on birth worksheet and is submitted to Vital Records electronically. Birth worksheet should include Intended Parents’ information as parents; GC’s demographics are also collected but will not appear on birth certificate.

  • Exception – electronic records filing system is unable to accommodate same-sex parents; these records must be submitted by hospital to Vital Records by mail.

Once Vital Records confirms the birth is recorded, the birth certificate can be ordered at any county vital records office and should be available in about 10 business days (hospital has 10 days to report birth and then it must be recorded by VR)

Local Counsel

Susan Ridgeway
(406) 532-2635
[email protected]