Should I Hire a Reproductive Lawyer Before the Surrogacy Journey?

Surrogacy can be a wonderful way to start or expand a family, but it can also be a complex and emotional journey. With so many legal and emotional considerations to take into account, it’s natural to wonder whether or not you should hire a reproductive lawyer before embarking on a surrogacy journey. While the legal process is a vital component of a surrogacy journey, at Elevate we include all legal services as part of our agency fee to help simplify and streamline the path to parenthood.

Gestational Surrogacy Agreement

Reproductive law is a complex field that involves navigating legal issues related to assisted reproductive technology (ART) and family formation. One critical aspect of reproductive law is the drafting of a Gestational Surrogacy Agreement (GSA), which is a legally binding contract between intended parents and a gestational surrogate. This agreement outlines the roles and responsibilities of all parties involved in the surrogacy arrangement, including the surrogate, the intended parents, and any medical professionals or agencies involved in the process.

The drafting of a GSA typically involves two separate attorneys: one representing the intended parents and one representing the surrogate. The lawyer representing the intended parents will draft the initial agreement, which will outline the rights and obligations of both parties, including the surrogate’s agreement to carry and deliver a child conceived through assisted reproductive technology. This initial agreement will also typically outline any financial arrangements, such as compensation for the surrogate’s time, medical expenses, and other costs associated with the surrogacy process.

Once the initial agreement has been drafted, the surrogate’s lawyer will review the document and may suggest modifications or changes based on their client’s needs or concerns. This may involve negotiating certain terms, such as compensation or medical procedures, or requesting additional provisions to protect the surrogate’s health and wellbeing. The attorneys may go back and forth several times until both parties have come to an agreement that meets their needs and is legally sound.

At Elevate, we only work with highly experienced attorneys who specialize in reproductive law and have a thorough understanding of the legal issues involved in the surrogacy process.

Judgments of Parentage

Reproductive attorneys play a crucial role in helping intended parents obtain Judgments of Parentage, which legally establish their rights as parents to a child born through surrogacy or assisted reproductive technology. This is an essential step in the surrogacy process, as it ensures that the intended parents have legal parental rights and can make important decisions regarding their child’s upbringing and care.

However, obtaining a Judgment of Parentage can be a complex process that varies greatly depending on the jurisdiction and circumstances involved. Different states and counties have different laws and regulations governing surrogacy and parental rights, and the genetic contribution and marital status of the intended parents can also impact the legal process. Typically, the jurisdiction where the surrogate lives is the most impactful on the legal process.  However, some states may accept Judgments of Parentage from other states.

These complex legal issues are exactly why Elevate includes all legal work as part of our agency fee. In order to navigate these complex legal issues and obtain a Judgment of Parentage, we work closely with skilled reproductive attorneys who are familiar with the relevant laws and regulations in their jurisdiction.  Supplying these resources to our clients allows our intended parents to focus more on what’s most important, their new child.

Conclusion

While reproductive attorneys play a large role in a surrogacy journey, they are one of many third party vendors that contribute to the overall process.  Working with an experienced surrogacy agency like Elevate, can help intended parents manage all aspects of the surrogacy process so that they may have a smooth path to parenthood.  To learn more about the surrogacy process please contact us at [email protected]