Reasons to Use a Surrogacy Attorney

There are many reasons to hire a surrogacy attorney, and it’s an essential part of having a positive surrogacy outcome. All intended parents hope for a healthy baby to take home, but addressing factors such as legal compliance, contracts, expectations, medical decision-making, and effective communication is also vital. Surrogacy attorneys facilitate a smooth process and the best outcomes possible.

Do I need a surrogacy lawyer?

You need a surrogacy lawyer if you plan on becoming a parent through surrogacy, and contacting a lawyer as soon as you begin your journey is essential. Legal guidance is one of the most important aspects of the surrogacy process because it ensures you start your family successfully and without legal repercussions.

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 outcome 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.

Adherence to surrogacy laws

Each state has different surrogacy laws regarding legal procedures and contract requirements. A professional attorney has the knowledge and experience to ensure you adhere to the laws in the state where your surrogate gives birth. Meeting with an attorney before you start the process enables you to follow regulations every step of the way.

An attorney handles legal paperwork, filing necessary documents to safeguard your surrogacy’s legal standing. They also communicate with medical professionals to ensure they follow state surrogacy standards.

A clear understanding of surrogacy laws

In addition to ensuring you adhere to 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 a lawyer can inform you of any unique laws or restrictions in your surrogate’s state as well.

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 drafting and completing your contract

You must finalize a contract before starting the medical processes in a surrogacy journey, and only a surrogacy lawyer can ensure your contract covers all necessary points. A proper contract independently protects your rights as an intended parent. A lawyer covers essential factors in your contract, such as the following:

  • Surrogate compensation
  • The intended parents’ responsibilities and expectations
  • The surrogate’s responsibilities and expectations
  • Termination guidelines or restrictions
  • Selective reduction guidelines or restrictions
  • Liabilities and risks for each party involved

A streamlined process

Working with a surrogacy attorney streamlines the process. A lawyer can handle your surrogacy journey’s complexities while you joyfully anticipate and prepare for your child’s arrival.

A professional who can advocate for your rights

Whether you choose a surrogate through an agency or pursue an independent surrogacy journey, having a professional protect your rights is essential. A surrogacy attorney can anticipate liabilities and risks so you are prepared for any potential complications.

An experienced lawyer can ensure you retain the right to make pre- and post-birth medical decisions for your child. For example, your attorney may advocate for and protect your right to make decisions regarding selective reduction or termination if complications arise.

Proper financial guidance

Surrogacy lawyers understand customary compensation for surrogates, and they prevent intended parents from agreeing to inappropriate charges. A surrogacy lawyer can help you manage your surrogacy expenses from fertilization to your child’s birth.

Liability prevention

Hiring a lawyer for your surrogacy journey prevents liabilities. Attorneys have the education and experience to navigate risks, ensuring you have a positive outcome in all areas of your journey. Professional counsel is essential because intended parents must review and sign legal documents like the following:

  • Surrogacy contracts
  • Estate planning documents
  • Birth certificate
  • Apostille documents

Assistance in choosing the right surrogate

Working with the right agency and surrogacy lawyer 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 necessary to have professionals on your team to help you make a rational decision with your best interests in mind.

A healthy parent and surrogate relationship

Surrogacy lawyers also help manage healthy relationships between intended parents and surrogates. You may prefer a more business-like relationship, a close relationship, or an arrangement that falls somewhere in the middle. An attorney establishes your preferences in a detailed contract, ensuring all parties involved feel comfortable throughout the process.

An attorney can help establish and maintain the level of involvement and contact you have with your surrogate. For example, your attorney can prohibit a surrogate from having contact with your child after birth if you prefer. They can also resolve disagreements or custody disputes that may occur.

Help with communication and expectation management

A surrogacy lawyer can help you communicate and manage your expectations for the surrogacy process. Your lawyer should prevent unnecessary surprises by maintaining consistent communication between all parties involved. Your lawyer should also help you set realistic expectations by explaining the hospital and surrogate’s roles in the process.

Early establishment of parental rights

Establishing your parental rights as early as possible provides peace of mind. A surrogacy attorney ensures intended parents have automatic parental rights and full custody of their child.

Since surrogacy laws vary, the process for establishing the intended parents’ rights is different in each state. Without the proper legal processes, a surrogate could obtain rights to a child even though there is no genetic relation.

While surrogates typically carry babies to make an impactful difference and help people build families, it’s always important for intended parents to prevent their surrogates from gaining 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 processes begin.

Begin your surrogacy journey with experienced legal professionals

Legal counsel 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 crucial legal documents, facilitate a streamlined process, maintain effective communication, and ensure you begin 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 a full surrogacy journey or legal support for an independent journey, you can trust CFC to guide you along the way. Contact us to learn more about how we can help you build your family safely and successfully.

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