What to Know about the Legal Process When Hiring a Surrogate

Starting your surrogacy journey?
Understanding the legal process is one of the most important steps in protecting your rights and ensuring a smooth experience. From contracts and parental rights to state laws and international considerations, this guide walks you through what to expect and how Elevate supports you through every legal milestone.

Surrogacy’s legal process is essential for protecting everyone involved—the intended parents, the surrogate, and the child. From the initial agreement to post-birth legal recognition, well-structured contracts and expert legal support ensure that your journey to parenthood is clear, secure, and aligned with everyone’s expectations.

At Elevate, we prioritize transparency, professionalism, and peace of mind. Here’s what to know about the legal aspects of surrogacy and how our team helps guide you through each step.

Why Surrogacy Contracts Matter

At the heart of any surrogacy arrangement is a comprehensive, legally binding contract. These agreements outline every detail, including:

• The surrogate’s compensation
• Medical responsibilities and care expectations
• Psychological support provisions
• Procedures for unexpected medical outcomes
• Legal rights and responsibilities for all parties

Without a clear contract in place, misunderstandings can arise around issues such as parental rights, compensation, or medical decisions. Solid legal documentation ensures that all parties are protected, informed, and aligned.

Establishing Parental Rights

One of the most important legal components of surrogacy is the formal establishment of parental rights. This process ensures that, once the child is born, the intended parents are recognized as the child’s legal parents.

In many U.S. states, this is done through a pre-birth order, a court-issued document that establishes parental rights before the child’s birth. In some regions, a post-birth order may be required instead.

Because the legal process varies by state, working with experienced reproductive law attorneys is essential. Whether you’re a couple, a single parent, or using donor eggs or sperm, the right legal team ensures your parental rights are secure and honored.

Understanding State and International Laws

Surrogacy laws vary significantly across states and countries. Some U.S. states, such as California and Illinois, are surrogacy-friendly, offering clear legal pathways to establish parental rights. Others, including Michigan and New York, have more restrictive or complex regulations.

If you’re considering international surrogacy, it’s critical to understand that each country has its own legal framework. In addition to local laws, immigration and citizenship considerations can add layers of complexity. Intended parents must ensure that all legal requirements are met to avoid complications when bringing their child home.

This is why legal expertise is not optional—it’s foundational.

How Elevate Supports You Through the Legal Process

At Elevate, we understand that surrogacy is not only a deeply emotional journey but also a legally complex one. Our experienced team partners with top surrogacy attorneys to help you:

• Draft and finalize surrogacy contracts
• Secure pre- or post-birth court orders
• Understand state-by-state and international regulations
• Navigate parental rights with clarity and confidence
• Ensure the surrogate’s legal rights and protections are honored

We also provide educational resources to help you feel empowered and informed every step of the way.

Common Legal Questions From Intended Parents

How can I ensure my parental rights are protected?
Work with a surrogacy attorney who specializes in reproductive law. In most cases, a pre-birth order will legally recognize you as the child’s parent(s) before delivery.

What happens if there’s a legal dispute during the process?
A detailed surrogacy contract helps prevent disputes. If one arises, your legal team will refer to the contract and the governing state’s laws to guide resolution.

Are surrogacy contracts valid in every state?
No. Some states, like Louisiana and Nebraska, have limitations or prohibit paid surrogacy contracts. It’s important to consult a legal expert familiar with state-specific regulations.

What if I’m pursuing international surrogacy?
You’ll need legal counsel familiar with the laws of the destination country and your home country. Immigration, citizenship, and post-birth recognition are key considerations.

Surrogacy is a life-changing process, but it must be rooted in legal clarity to protect all involved. With the right agency and legal support, the process can be smooth, respectful, and secure.

At Elevate, we’re committed to guiding you through the legal complexities of surrogacy with care, integrity, and experience. If you’re ready to take the next step, get started today.