Yes, surrogacy is legally recognized in Montana under case law and statutes, with no explicit prohibition. The Montana Supreme Court upheld gestational surrogacy agreements in In re Marriage of Moschetta (1994), and the 2026 Montana Uniform Parentage Act (MUPA) codifies protections for intended parents and surrogates, requiring court approval of contracts. Local courts in Missoula and Billings enforce these agreements, provided they comply with MUPA’s ethical and procedural safeguards.
Key Regulations for Surrogacy in Montana
- Pre-Birth Court Orders Mandatory: Intended parents must petition the district court for a pre-birth order to establish parental rights, as outlined in MUPA § 40-6-101 et seq. Courts in Yellowstone and Gallatin Counties prioritize expedited hearings to mitigate delays.
- Gestational Surrogacy Exclusivity: Traditional surrogacy (where the surrogate is genetically related) remains unregulated and is discouraged due to heightened legal risks, per MUPA’s commentary. Only gestational surrogacy contracts are enforceable.
- Compensation Caps and Disclosure: Surrogacy agreements must disclose all financial terms, including base compensation (typically $35,000–$50,000) and reimbursable expenses, as enforced by the Montana Department of Public Health & Human Services (DPHHS) under MUPA § 40-6-203.