Who can use the statutory framework?
Louisiana Revised Statutes Title 9, Chapter 1-C restrict enforceable gestational-carrier contracts to arrangements meeting detailed statutory criteria. The legislature expressly limited the framework to intended parents who are married to each other and use their own gametes so the resulting child is genetically related to both intended parents.
Court approval before embryo transfer
Under R.S. 9:2720, an enforceable gestational-carrier contract must be in writing, signed by the required parties, and approved by a court before in-utero embryo transfer. A contract outside the statutory requirements is not treated the same way.
Compensation and medical decisions
Louisiana law restricts compensated gestational-carrier contracts as defined by the statute. It also makes provisions requiring the carrier to terminate a pregnancy unenforceable and recognizes the carrier’s authority over medical decisions during pregnancy.
Additional statutory requirements
The statute includes counseling requirements, expense-allocation provisions, and obligations on the intended parents to accept parental responsibility for a child born from the arrangement.
Practical next step
Do not assume that an arrangement qualifies merely because the intended parents and carrier agree. The statutory criteria and pre-transfer court approval are central to enforceability in Louisiana.