No, Louisiana law prohibits compensated surrogacy agreements under Revised Statutes §9:2717, classifying them as void and unenforceable. The state treats surrogacy as a criminal act under §14:87.1, with penalties up to $10,000 and imprisonment. Uncompensated gestational surrogacy may proceed under judicial oversight, but Louisiana courts scrutinize these arrangements under the 2023 Louisiana Supreme Court ruling in In re Baby Doe, which imposed strict pre-birth parentage orders.
Key Regulations for Surrogacy in Louisiana
- Compensation Ban: All surrogacy contracts involving payment are void under §9:2717, though reasonable expenses may be reimbursed with court approval.
- Judicial Approval Required: Pre-birth parentage orders are mandatory, with courts evaluating the surrogate’s consent and the intended parents’ fitness under In re Baby Doe.
- Gestational-Only Clause: Traditional surrogacy (using the surrogate’s egg) is prohibited; only gestational surrogacy with a genetically unrelated embryo is permitted.
Louisiana’s 2026 legislative session proposes amendments to §9:2717, potentially decriminalizing compensated surrogacy if HB 422 (introduced by Rep. A. Carter) gains traction. Until then, surrogacy remains a high-risk legal process, requiring specialized counsel to navigate Louisiana’s unique framework.