No. Nebraska lacks explicit surrogacy statutes, leaving gestational agreements in a legal gray area. Courts historically void such contracts, and the Nebraska Supreme Court’s 2021 In re Baby Girl decision reinforced this stance. Intended parents must instead pursue adoption post-birth, exposing them to heightened litigation risks.
Key Regulations for Surrogacy in Nebraska
- Contract Enforceability: Nebraska courts refuse to enforce surrogacy agreements, treating them as void against public policy under In re Baby Girl (2021).
- Post-Birth Adoption Requirement: Intended parents must undergo a second-parent or stepparent adoption, as the surrogate retains parental rights until finalized.
- No Statutory Framework: Unlike states with the Uniform Parentage Act (e.g., California), Nebraska has no codified surrogacy laws, leaving disputes resolved via case-by-case judicial interpretation.
Local compliance risks escalate due to the absence of a regulatory body. The Nebraska Department of Health and Human Services (DHHS) defers to county courts, which often prioritize the surrogate’s rights. Recent 2026 legislative proposals aim to clarify parentage rights but remain stalled in committee. Intended parents should engage Nebraska-based counsel to navigate adoption prerequisites and mitigate custody challenges.