There are many reasons to hire a surrogacy attorney, and this is an important part of having a positive surrogacy outcome. All intended parents hope for a healthy baby to come home to, but addressing factors such as legal compliance, contracts, expectations, medical decisions, and effective communication is also important. Surrogacy attorneys facilitate a smooth process and the best results possible.
Do I need a surrogacy lawyer?
You need a surrogacy lawyer if you plan to become a parent through surrogacy, and contacting a lawyer as soon as you begin your journey is important. The legal guidance is one of the most important aspects of the surrogacy process because it ensures that you can successfully start your family and there are no legal ramifications.
Why use a surrogacy lawyer?
Understanding why you should use a surrogacy attorney is one of the first steps toward a successful surrogacy. A positive result depends on several factors, and a professional has the experience to guide you through the entire process. Consider the following reasons to use a surrogacy attorney.
Compliance with surrogacy laws
Each state has different surrogacy laws regarding legal procedures and contract requirements. A professional attorney has the knowledge and experience to make sure you follow the laws in the state where your surrogate was born. Meeting with an attorney before you begin the process allows you to follow the regulations every step of the way.
A lawyer handles the legal paperwork, filing the necessary documents to safeguard the legal status of your surrogacy. They also coordinate with medical professionals to ensure they are following state surrogacy standards.
A clear understanding of surrogacy laws
In addition to making sure you follow state laws, a surrogacy attorney also helps you understand the laws. They guide you through the process so you can proceed with clarity and peace of mind. You may have researched surrogacy laws in your state when you first considered surrogacy, but an attorney can inform you of any unique laws or restrictions in your surrogate’s state.
Professional experience
Surrogacy laws change over time, and an experienced surrogacy attorney can help ensure you follow the latest laws and guidelines. While blogs and other parents can provide helpful information, only a surrogacy lawyer can provide the most accurate and updated information.
Help draft and complete your contract
You must conclude a contract before starting the medical processes on a surrogacy journey, and only a surrogacy lawyer can ensure that your contract covers all the necessary points. A valid contract independently protects your rights as an intended parent. The lawyer covers important factors in your contract, such as the following:
- Replacement compensation
- The intended responsibilities and expectations of parents
- The responsibilities and expectations of the successor
- Termination rules or restrictions
- Guidelines or restrictions on the selection of deductions
- Responsibilities and risks for each party involved
A streamlined process
Working with a surrogacy attorney makes the process easier. An attorney can handle the complexities of your surrogacy journey while you happily await and prepare for the arrival of your child.
A professional who can advocate for your rights
Whether you choose a surrogate through an agency or continue an independent surrogacy journey, having a professional protect your rights is important. A surrogacy attorney can anticipate the liabilities and risks so that you are prepared for any potential complications.
An experienced attorney can ensure that you retain the right to make prenatal medical decisions for your child. For example, your lawyer can advocate and protect your right to make decisions about selective reduction or termination if there are complications.
Proper financial guidance
Surrogacy attorneys understand the customary fees for surrogates, and they prevent intended parents from agreeing to unreasonable charges. A surrogacy attorney can help you manage your surrogacy costs from conception to the birth of your child.
Avoidance of liability
Hiring a lawyer for your surrogacy journey prevents liabilities. Attorneys have the education and experience to navigate the risks, ensuring you have a positive outcome in all parts of your journey. Professional counsel is essential because intended parents must review and sign legal documents such as the following:
- Surrogacy contracts
- Estate planning documents
- Birth certificate
- Apostille documents
Help choosing the right alternative
Working with the right surrogacy agency and attorney can help you choose the best surrogate for you. Legal professionals bring objectivity to the decision-making process. Choosing a surrogate can be a challenging and emotional process, so it’s important to have professionals on your team to help you make an informed decision with your best interests in mind.
A healthy parent-surrogate relationship
Surrogacy lawyers also help manage healthy relationships between intended parents and surrogates. You may prefer a more business-like relationship, an intimate relationship, or an arrangement somewhere in the middle. A lawyer establishes your wishes in a detailed contract, ensuring that all parties involved are comfortable throughout the process.
An attorney can help establish and maintain the level of involvement and interaction you have with your surrogate. For example, your attorney can prohibit a surrogate from contacting your child after birth if you wish. They can also resolve disagreements or custody disputes that may arise.
Help with communication and expectation management
A surrogacy attorney can help you communicate and manage your expectations for the surrogacy process. Your attorney should prevent unnecessary surprises by maintaining consistent communication between all parties involved. Your attorney should also help you set realistic expectations by explaining the hospital and the surrogate’s duties in the process.
Early establishment of parental rights
Establishing your parental rights as soon as possible provides peace of mind. A surrogacy attorney ensures that the intended parents have automatic parental rights and full custody of their child.
Because surrogacy laws vary, the process for establishing parental rights varies from state to state. Without proper legal process, a surrogate can gain rights to a child even if there is no genetic relationship.
While surrogates usually carry babies in make a significant difference and help people form families, it is always important for intended parents to prevent their surrogates from obtaining parental rights if they attempt to do so. A donor egg, embryo or sperm can also complicate parental rights without proper legal guidance. A lawyer protects parental rights by establishing them before medical proceedings begin.
Begin your surrogacy journey with experienced legal professionals
Legal advice is one of the most important aspects of a surrogacy journey. A surrogacy lawyer provides the resources and services you need to experience a successful surrogacy. They handle important legal documents, facilitate a streamlined process, maintain effective communication, and ensure that you start the process with full parental rights.
Creative Family Connections (CFC) is a surrogacy agency and law firm dedicated to helping people build families. We match intended parents with surrogates through an extensive screening process, and we provide legal services to help individuals and families navigate the surrogacy process. Whether you need legal services for an entire surrogacy journey or legal support for an independent journey, you can trust CFC to guide you on your way. Contact us to learn more about how we can help you build your family safely and successfully.
Linked Sources:
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6262674/
- https://www.creativefamilyconnections.com/us-surrogacy-law-map/
- https://www.creativefamilyconnections.com/surrogacy-screening-process/
- https://www.creativefamilyconnections.com/independent-journey-support/
- https://www.creativefamilyconnections.com/surrogacy-screening-process/
- https://www.health.harvard.edu/blog/surrogacy-who-decides-to-become-a-gestational-carrier-2020030519052
- https://www.creativefamilyconnections.com/our-legal-services/
- https://www.creativefamilyconnections.com/legal-support-for-surrogacy/
- https://www.creativefamilyconnections.com/independent-journey-support/
- https://www.creativefamilyconnections.com/contact-us/
