When intended parents decide to explore gestational surrogacy, legal matters are never the first thing on their minds. However, ensuring that all legal bases are covered is an essential part of the process.
Will We Need to Hire a Lawyer?
Yes. The law mandates that both intended parents and gestational surrogates obtain separate legal representation. While paralegals and other professionals can provide outstanding support, it will be necessary to include an attorney in the process. Just as an obstetrician will be needed to oversee the healthcare team involved in the IVF process, you will need a good lawyer to assure that your rights as a parent are secured.
Can Intended Parents from Other Nations Legally Have Children with US Surrogates?
The “global” in Global Surrogacy Services means we routinely pair intended parents from around the world with US-based gestational surrogates. Working with the laws of more than one nation naturally makes the process more complex but we’ve helped intended parents of all types from all over the planet to grow happy loving families. If you have specific questions about gestational surrogacy and the country or countries where you live, you can reach out to us immediately via our contact page.
What Type of Attorney Will We Need?
Family law specialists cover this area. They are experts on such matters as ensuring parental custody.
What Laws Cover Gestational Surrogacy?
A complete answer to this question could probably fill law several books. We can tell you, however, that all births in the United States are covered by the Uniform Parentage Act, first established in 2002 to handle many different types of family arrangements. While the original law didn’t cover gestational surrogacy, it was amended in 2017 with new provisions to cover the social changes and medical advances that had occurred over 15 years. California fully accepted the bill and adopted its own legislation designed the make the process easier for same-sex couples.
Whatever U.S. state or nation intended parents may come from, an expert attorney will explain all of the legal issues in their case and offer viable alternatives as needed.
What Legal Documents Ensure Intended Parents’ Rights?
Every state’s process is different. However, under California Family Code § 7960, intended parents are covered by a pre-birth order. This ensures intended parents are automatically listed as the legal parents on birth certificates without any need for further documentation.
Does Working with a Surrogacy Agency Make Dealing with Legal Matters Easier?
Absolutely. Working well with lawyers is a skill in itself. At Global Surrogacy Services, we know what services are needed, how long they should take, and roughly how much they should cost. In this way, we can make sure that all legal matters are dealt with carefully but also efficiently.
What if Surrogates Change Their Minds?
It’s only natural for intended parents to worry about this possibility. Fortunately, the odds against this nightmare scenario are extremely small when a good agency is involved.
Global Surrogacy Services is highly selective. All of our surrogates are wonderful, caring women who fully understand what they are agreeing to. We employ an extremely thorough screening process and make sure that all surrogates meet a number of criteria. Importantly, our gestational surrogates must all be mothers with at least one child at home.
Even so, it is essential all parties sign well-crafted contracts to clarify every aspect of an arrangement. It’s the final backstop against any problems, no matter how unlikely.
How Should Intended Parents Make Sure Their Legal Rights are Protected?
Assuming they’re not willing to go to law school, intended parents need expert help.
Global Surrogacy Services’ knowledgeable and understanding specialists are ready to help. You can start by calling the number above or visiting our contact page.