When beginning the surrogacy process, you’ll find that you’ll require a small army of professionals in many fields to even start the process. Beyond matching with a surrogate, you’ll need to consult with experts who can guide you through each step of the process. You’ll have doctors and medical specialists of course, but another important expert you’ll be consulting with regularly is your surrogacy lawyer.

Surrogacy lawyers are vital to making your surrogacy experience legally seamless, and working with a surrogacy attorney who is a specialist in this industry can make all the difference. In this post, we’ll explore the importance of having the right surrogacy lawyer, and what you can do to ensure you get connected to one!

What is a Surrogacy Lawyer?

Simply put, surrogacy lawyers can provide unique services that are specific to the needs of Intended Parents. They can draft and finalize surrogacy agreements, help you navigate confusing state-specific surrogacy laws, as well as handle all pre and post birth order paperwork, making sure the Intended Parent’s names are displayed as the legal guardians on the child’s birth certificate.

The biggest difference you’ll find between surrogacy attorneys and a general family lawyer is their depth of knowledge within the assisted reproductive technology industry (ART). They are experts in state laws, parental rights, as well as with contracts and surrogacy agreements. A traditional family lawyer will focus on more broad reaching topics including divorce, adoption, or child custody concerns.

Having someone who knows the ins and outs of the process and can help you avoid unnecessary bumps along the way, causing you delays and extra expenses. You’ll want your surrogacy process to be as smooth as possible.

Understanding Complex Surrogacy Laws

Surrogacy in itself is already complex, but what if you’re working with a surrogate in another state? Or even another country? This is where things can get sticky fast. You’ll want to be working with a lawyer who is already familiar with the many details that come with surrogacy.

For example, you may live in California, where surrogacy is fully legal, but be working with a surrogate who lives in a surrogacy-friendly state that has strict reproductive laws and requirements. Your attorney will need to be aware of this and also understand how to proceed so that they comply with all laws and don’t end up in a complex legal battle once the process is wrapping up.

Pro-Tip: Generally, you'll follow the law where the surrogate lives because that is where your baby will be born.

Drafting Surrogacy Agreements

The Surrogacy Agreement is a very detailed document signed by all parties that breaks down the responsibilities and expectations of both the Intended Parents and the gestational carrier. It covers consent for medical procedures, legal details including the transfer of custody and parental rights, compensation for the surrogate, pregnancy and birthing plan, as well as post birth arrangements.

Having a fair and enforceable contract is vital to protecting both parties’ preferences when moving forward into a surrogacy agreement together. It protects you as an Intended Parent, ensuring that all medical decisions, compensation, and parental rights are clearly stated, while still protecting the surrogate and advocating for her desires and boundaries as well.

Your surrogacy lawyer will be well versed in drafting, editing, and finalizing this type of important document, making everything as clear as possible to reduce the chance of future conflict. Knowing that your surrogacy contract is foolproof and will protect you will give you the peace of mind that you need to have a calm and pleasant surrogacy experience.

Establishing Parental Rights

To avoid custody disputes, you’ll need to do the prep work of both finding out the state requirements (for both your state, and your surrogate’s state) of establishing parental rights once the baby is born. Fortunately, surrogacy lawyers will know exactly what to do here, so you won’t need to worry about any confusing paperwork or mistakes.

The risk of making small mistakes with important documents is that it can turn into bigger problems later. For instance, failing to file the pre-birth order and getting court approval before the baby arrives can cause problems for Intended Parents when they are ready to leave the hospital. Without a pre-birth order (depending on the state), Intended Parents may need to go through an adoption process in order to establish themselves as the child’s guardian.

This is why you’ll want to work with a specialist. They will know right away whether you will need a pre or post birth order, and what steps are needed to legally establish yourself as the guardian of your new baby in your state.

Reducing Stress in an Emotional Process

When you choose the right surrogacy lawyer, you’re also choosing to protect your peace of mind. Allowing an expert to come in and handle all the details is the best way to avoid misunderstandings, prevent complications with hospital policies, and miss important deadlines.

Surrogacy is an emotional process where you’re often in a vulnerable state and working with many people at once. Having a great attorney will take away much of the stress and allow you to focus on self care and more on the exciting parts of the process. Knowing that all the legal details are taken care of can give you a sense of comfort and relief that you just won’t get when working with a traditional lawyer.

Simplify Your Surrogacy Journey

From start to finish, working with a professional surrogacy lawyer will allow you to breathe easier. Knowing that every legal detail is handled between your surrogate, clinic, and/or agency will make the process smoother, more calm, and just overall more enjoyable.

Now that you understand how important hiring a surrogacy lawyer is, how can you find your own? Well, that’s exactly what we teach you inside of Surrogacy Simplified, the course! We’ll give you step-by-step instructions and our best resources to help you find an attorney who is perfect for your unique needs. Want to find out more? Get the details here!