Surrogacy Legal Process
Navigating the Complexities of State-Specific Surrogacy Laws
The legal aspects of surrogacy are among the most intricate parts of the journey. With surrogacy laws varying not only from state to state but sometimes even between counties or individual judges, navigating this process requires careful attention to detail. Each jurisdiction has its own set of rules, and understanding these laws is crucial to ensuring a smooth and legally sound surrogacy experience.
Partnering with knowledgeable legal professionals who specialize in surrogacy can make all the difference. They will guide you through the specific requirements of your jurisdiction, from drafting contracts to securing parentage orders. By thoroughly addressing the legal aspects upfront, intended parents and surrogates can move forward with clarity and confidence in their surrogacy journey.
Babymoon Parents Receive Full-Service Legal Support
Babymoon Surrogacy guides intended parents through every step of the legal process, connecting them with experienced surrogacy attorneys and ensuring they have the support needed to navigate contracts, parentage orders, and other legal requirements. While we work with trusted professionals in the industry, parents also have the flexibility to choose their own attorney.
Establishing Parental Rights
The most pressing legal issue facing any intended parent is the enforceability of the surrogacy agreement between the intended parents and the surrogate and the establishment of the Intended Parents’ parentage rights. It is important that all parties work with experienced attorneys with knowledge of the requirements in the jurisdiction where the parentage legal work will occur when drafting and negotiating their contracts so that their contracts will be upheld throughout their surrogacy and that proper parentage rights will be granted and birth certificates will reflect proper parentage.
It is necessary to draw up a legally binding and thorough surrogacy contract, but it ultimately comes down to the state to enforce the contract and provide the official documentation that establishes the parental rights of the intended parents.
Surrogate Qualifications
We’re looking for compassionate, dedicated women who meet the following qualifications to ensure a safe and successful journey for everyone involved.
Health & Wellness
Candidates must be 21–42 years old (up to 45 in some cases) with a BMI of 19–30, or up to 33 with a fitness plan. Surrogates must have had at least one healthy pregnancy and delivery to qualify.
Stable Lifestyle
Applicants should maintain a stable, substance-free living environment. A reliable support person is essential to provide emotional and practical assistance throughout the journey.
Mental Readiness
Surrogates must pass a psychological evaluation to confirm emotional readiness and resilience. This ensures a positive and supported experience for everyone involved.
What Does a Surrogacy Lawyer Do?
There are a few key milestones during your surrogacy journey during which you'll require the services of a lawyer who is experienced in surrogacy and Assisted Reproductive Technology (ART) law. The first set of milestones happen early in your journey during the contracts phase, while the second set of milestones happens when you are establishing your parental rights, about midway through the pregnancy.
Post-Birth Judgment
The Pre-birth order is a court order establishing the Intended Parents’ parentage of their baby being carried by their surrogate, and is one of the most important documents of the entire surrogacy process. This document ensures that the intended parents are the sole parents of the child immediately upon birth.
Each state has its own set of requirements (either in statutes or case law) necessary to establish the intended parents’ rights through the court proceeding. In general, it’s best to start the parentage process as early as possible after confirmation of pregnancy so that the court order is in place prior to birth.
Gestational Surrogacy Contract
The Carrier Agreement is the legal contract between the gestational carrier (surrogate) and the intended parent(s). The agreement will lay out each party’s rights and responsibilities. It should carefully outline the surrogate’s responsibilities to you as the intended parents, such as attending all required medical appointments, maintaining a healthy lifestyle during the pregnancy, and maintaining contact with the intended parents.
The surrogacy agreement will also ensure the gestational carrier relinquishes her claim to parental rights over the child following the child’s birth. The surrogacy agreement will also detail the intended parents’ responsibilities to the surrogate, outline their financial obligations and carefully list all the expenses they must cover throughout the surrogacy.
The surrogacy agreement must also outline all potential risks and liabilities and describe each party’s responsibilities should certain contingencies occur, such as a caesarian section or miscarriage. It is essential that all parties involved in a surrogacy agreement ensure the agreement adheres to their state’s surrogacy laws. It is also important that all parties utilize competent attorneys in the drafting and negotiating of the agreement.