The Cove state guide

Contract restrictions

Surrogacy laws
in Louisiana.

Louisiana permits only a narrow, court-approved gestational-carrier arrangement. The statute requires married intended parents using their own gametes and prohibits compensation beyond specified expenses.

See the rules for your family
LA

Your family. Your legal pathway.

Who can pursue surrogacy
in Louisiana?

Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.

Single parents

Significant restriction

Louisiana’s authorized gestational-carrier contract pathway is limited to married intended parents using their own egg and sperm. A single intended parent does not fit that definition. This restriction concerns the in-state statutory surrogacy arrangement; it is not a blanket statement that Louisiana can never recognize an individual’s parentage established elsewhere.

Sources 21

Unmarried couples

Significant restriction

Unmarried couples do not meet Louisiana’s definition of intended parents for its court-approved gestational-carrier process. Marriage would address only one requirement: the couple must also supply their own gametes, meet domicile and medical-necessity rules, and avoid prohibited compensation. A contract alone cannot bypass these statutory limits.

Sources 241

Gay male couples

Significant restriction

Louisiana requires a married couple’s own egg and sperm for its statutory gestational-carrier arrangement. A gay male couple needing a donor egg therefore does not fit that pathway, even if married. Obtain separate advice about a journey governed elsewhere and recognition of resulting parentage; do not treat an in-state contract as a workaround.

Sources 21

Lesbian couples

Significant restriction

A lesbian couple using donor sperm does not fit Louisiana’s requirement that the embryo use both married intended parents’ own gametes. Marriage does not remove that condition. This describes access to Louisiana’s particular gestational-contract framework, not every possible adoption or recognition of a parentage judgment from another jurisdiction.

Sources 21

International parents

Significant restriction

Louisiana requires the carrier and each intended parent to have been domiciled in Louisiana for at least 180 days before seeking contract approval. Families living abroad do not fit that requirement simply by choosing a Louisiana clinic or carrier. Eligible domiciliaries still need separate nationality, immigration, and foreign-recognition advice.

Sources 42

How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.

These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.

The starting point in Louisiana.

The state restricts surrogacy contracts or recognizes only a particularly narrow arrangement. Read the details with an attorney.

This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.

The details that can change your route.

Does marriage matter?

The authorized pathway requires married intended parents and both spouses’ genetic contributions. It is narrower than a general permission for married couples to use surrogacy. A lawyer must confirm the definition, medical necessity, domicile, and all other approval conditions before the arrangement proceeds.

Is a genetic connection required?

The embryo must be created using the intended parents’ own egg and sperm under the statutory definition. Donor eggs, donor sperm, and donated embryos fall outside this contract pathway. The carrier provides no egg, and the court must review the arrangement before transfer.

Do we need to live in the state?

The carrier and each intended parent must have been domiciled in Louisiana for at least 180 days to maintain the approval proceeding. Domicile is not satisfied merely by arranging a temporary visit or selecting a local hospital. Have Louisiana counsel verify the applicable facts.

What to know about the agreement.

Court approval is required before embryo transfer, and the carrier and each intended parent must have been domiciled in Louisiana for at least 180 days before seeking approval. Noncompliant and compensated contracts are declared unenforceable under §9:2720.

How parentage is established.

The statutory process requires court approval before embryo transfer, including evidence of the intended mother’s medical need. It also requires compliance with post-birth steps. Families outside the statutory definition need separate advice; signing an agreement does not independently establish parentage or make it enforceable.

Compensation and expenses.

General surrogate compensation is prohibited. The law allows only listed expenses, including specified medical, counseling, travel, legal, and limited lost-wage payments.

If you live outside the U.S.

A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.

Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.

International parentage recognition: HCCH (opens in a new tab)

What to discuss with your attorney.

  1. 01Confirm eligibility and the 180-day domicile requirement before matching or making payments.
  2. 02Donor eggs or sperm fall outside this statutory pathway.
  3. 03Obtain the required court approval before embryo transfer.

Make room for a clear next step.

Learn how Cove helps intended parents explore their options and keep the journey organized.

Explore Cove for parents

Go straight to the source.

  1. Louisiana Revised Statutes §9:2720: unenforceable contracts (opens in a new tab)
  2. Louisiana Revised Statutes §9:2718.1: intended-parent definitions (opens in a new tab)
  3. Louisiana Revised Statutes §9:2720.5: judicial approval and permitted expenses (opens in a new tab)
  4. Louisiana Revised Statutes §9:2720.3: domicile and medical necessity (opens in a new tab)

Sources checked October 13, 2026. Check the source’s effective date as well as its publication date.

General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.

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