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Surrogacy Laws in Nebraska

Nebraska says that compensated surrogacy contracts are not enforceable and void, but the law might uphold agreements that are not compensated. The surrogacy agreement issue dealing with LGBT couples had not been dealt with by the court yet.

 

Explanation: Nebraska law says that a surrogate agreement is null and void. The law says that a surrogate contract is a contract where a woman is compensated for bring a child into the world, where the man is not her husband. Nebraska also says that the biological father will have all the obligations and rights concerning the child born into such a contract. That means that a child who is born into a compensated surrogacy contract will have custody with both the gestational mother and biological father. Nebraska law only expressly forbids surrogacy agreements which are compensated, and this means that surrogacy agreements that aren’t compensated are legal.

There was a decision in 2002 where the Supreme Court of Nebraska said that two people who aren’t married are not allowed to adopt a child, no matter how qualified they are otherwise. Based on this, it’s possible that a Nebraska court would look poorly on a LGBT couple.

 

 

 
 
 
 
 
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