Louisiana has one of the narrowest surrogacy laws in the country — it only works for a specific kind of family.
Is surrogacy legal in Louisiana?
Only in a narrow set of circumstances. Louisiana's law only protects surrogacy arrangements where the are a married man and woman using their own egg and sperm — no donor eggs or sperm allowed — and everyone involved has lived in Louisiana for at least six months. Same-sex couples, unmarried couples, single parents, and anyone who needs a donor are outside this law entirely and have to use a different process, usually adoption, instead.
Can a surrogate be paid?
No, not under Louisiana's surrogacy law. Even for the narrow group of families the law does cover, the surrogate can only be for her actual expenses — she can't be paid a fee for carrying the pregnancy. This is different from most other states.
How do intended parents become the legal parents?
For the small group of families who qualify under the law, a court has to approve the agreement before the , and the intended parents are recognized as parents at birth. For everyone else, the path runs through adoption instead, which generally can't even begin until months .
A few practical things to know
- Very narrow eligibility: married opposite-sex couples using only their own egg and sperm, all parties living in Louisiana for 6+ months.
- No paid compensation: only expense reimbursement is allowed under this law.
- Most families use a different state: because of these limits, many Louisiana residents work with a surrogate elsewhere.
- Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
- Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the Louisiana insurance guide linked below.
This isn't legal advice
This page is here to help you learn the basics — it isn't legal advice. Louisiana's law is genuinely narrower than most states, so it's worth getting personalized advice early — including whether working with a surrogate in a different state might be a better fit.
Before signing any , talk to a lawyer who specializes in reproductive law in Louisiana. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.