Surrogacy is not illegal in Nebraska, but contracts are unenforceable under state law. Here is what that actually means for you — and how Nebraska surrogates proceed in practice.
Nebraska's restriction is real but frequently overstated. The distinction that matters: compensated surrogacy is not illegal in Nebraska. There is no criminal penalty and nothing prohibits you from serving as a surrogate. What the statute does is refuse to enforce the contract.
What the statute says. Neb. Rev. Stat. §25-21,200, unchanged since 1988, provides that “a surrogate parenthood contract entered into shall be void and unenforceable,” and that the biological father holds all rights and obligations toward the child. It defines such a contract as one “by which a woman is to be compensated for bearing a child of a man who is not her husband.”
Void is not the same as banned. No fine, no criminal exposure, no prohibition on the arrangement itself. The consequence is contractual: if the arrangement breaks down, a Nebraska court will not enforce your compensation agreement. That is a genuine risk worth weighing — but it is a different thing from a state where surrogacy carries criminal penalties.
In practice, Nebraska women do work as surrogates. Agencies routinely match Nebraska residents with intended parents in other states, with the contract executed and governed outside Nebraska. Some agencies accept Nebraska surrogates on exactly that basis while declining Nebraska-to-Nebraska matches.
Parentage. Nebraska courts do not issue pre-birth orders, and post-birth parentage orders run to genetic fathers — that follows from the statute's own text. Since 2020, a genetic intended mother can establish maternity at the hospital by signing a notarized acknowledgment with the birth mother under Neb. Rev. Stat. §71-604.02, without adoption. Non-genetic and same-sex intended parents generally proceed by adoption, often in their home state.
One genuinely open question. §25-21,200 was written in 1988, before gestational surrogacy was routine, and it turns on compensation rather than genetics. No Nebraska appellate court has construed it as applied to gestational carriers. Practitioners treat it as covering them, but the point is unsettled. A repeal bill (LB 89, 108th Legislature) was indefinitely postponed on April 18, 2024.
What this means for you: you can pursue surrogacy as a Nebraska resident, most practically through an agency that matches you with out-of-state intended parents. Retain your own attorney and make sure you understand which state's law governs your contract.
Source: Neb. Rev. Stat. §25-21,200.
Egg donation is fully legal in Nebraska. First-time egg donors earn $7,000–$12,000, plus travel and expense reimbursement.
Learn About Egg Donation in Nebraska →Many Nebraska residents pursue surrogacy in neighboring states with clear legal frameworks
Also exploring egg donation in Nebraska?
See Egg Donor Pay in Nebraska →Surrogacy is not illegal in Nebraska. There is no criminal penalty and nothing prohibits you from serving as a surrogate. Nebraska Revised Statute 25-21,200 makes the contract void and unenforceable, which is a contractual risk rather than a legal prohibition.
Yes, and Nebraska women do. Agencies routinely match Nebraska residents with intended parents in other states, with the contract executed and governed outside Nebraska. Some agencies accept Nebraska surrogates on that basis while declining Nebraska-to-Nebraska matches.
The risk is financial rather than criminal. If the arrangement breaks down, a Nebraska court will not enforce your compensation agreement. Retain your own attorney and make sure you understand which state's law governs your contract.
Yes. Egg donation is legal in Nebraska and is unaffected by the surrogacy statute. First-time egg donors in Nebraska typically earn $7,000 to $12,000.