Surrogacy is a gift for couples who are unable to carry their own children. A surrogate helps Intended Parents fulfill their dreams of making a family. However, the road to surrogacy can be difficult to navigate, especially considering the various surrogacy laws. Here's what you need to know regarding the legal process of surrogacy.

Laws of Surrogacy

Initial Considerations

Surrogacy laws vary from state to state. However, there are some common requirements for intended parents and gestational carriers as follows:

• Intended Parents: Intended parents must be at least 18 years old. They should be financially and mentally stable.

• Gestational Carriers: Gestational carriers should be at least 21 years old. They must undergo physical and mental evaluations. They should have a history of at least one full-term, uncomplicated pregnancy but no more than five previous deliveries or three deliveries via cesarean section. They should have a stable family environment.

Surrogacy Agency vs Independent Surrogacy

Some intended parents may choose independent surrogacy over a surrogacy agency. They will find their surrogate, coordinate medical care, and handle all financial and legal matters. This option is typically more affordable, and it provides parents with more control during the surrogacy process.

However, a surrogacy agency can help intended parents deal with the many challenges surrogacy presents. They can aid communication between the parents and the gestational carrier. They can teach them about the process and help them navigate the complexity of surrogacy law.

A surrogacy agency provides the following services:

• Matching and Screening: Agencies typically have a database of surrogates intended parents can choose from. They can also provide screening processes to ensure carriers are emotionally and physically ready for the journey ahead of them.

• Planning, Case Management, and Coordination: The agency will plan and coordinate the surrogacy process bringing in medical and legal experts to ensure things run smoothly.

• Communication and Dispute Resolution: Intended parents and carriers are encouraged to communicate, but legal and medical issues may best be handled by a third party. Agencies will be this third party. They will also handle any disputes that may arise.

• Counseling and Support: Above anything, agencies can provide support during this emotional time. They will establish a relationship between the intended parents and the carriers and guide them through the ups and downs.

🔥 Pro-Tip: Surrogacy Simplified can provide support for both independent and agency-assisted surrogacy journeys. For our independent journeys, we provide full coordination, support, and case management; allowing you to enjoy the journey knowing each detail is being taken care of.

Legal Representation

Legal representation is required in the surrogacy process.  The gestational carrier and intended parents have their own lawyers to protect their rights and avoid disputes. An attorney will oversee the legal components of surrogacy by performing the following tasks:

• Paperwork: A lawyer handles the Gestational Carrier Agreement and establishing parentage. They will draft and finalize the surrogacy contract ensuring intended parents’ and carrier rights are protected. The contract also sets guidelines for compensation, medical decisions, communication, and dispute resolution.

• Pre-Parenting Orders: A pre-parenting order establishes the intended parents as the child’s legal parents. The court-issued document is sent to the hospital with a letter from the attorney to prevent confusion over the child’s legal parents. It ensures the surrogate has no legal rights over the child. 

• Post-Parenting Orders: Parents in states that do not grant pre-birth orders may participate in post-parenting legal processes to ensure a smooth transition of custody. A document may be issued to establish legal parentage after the child is born. Non-biological parents may need to adopt the child. Court appearances and genetic testing may be required. 

• Navigating State-Specific Laws: Additional surrogacy laws may apply depending on the state where the intended parents and gestational carriers reside. A lawyer will ensure everything is done by the book.

• Clear Communication: A surrogacy attorney will explain the relevant laws and regulations in an accessible manner ensuring parents and carriers understand every step of the surrogacy process.

A surrogacy lawyer’s fees range from $5,500 to $15,000. Rates vary depending on the state the intended parents and surrogacy parents reside in, whether the surrogate has worked as a surrogate before, if the surrogate is carrying multiples, and if cesarean delivery is necessary.

Pre-Surrogacy Legal Requirements

Psychological Evaluations and Medical Screenings

The intended parents and gestational carrier must undergo mental and physical examinations to ensure they are mentally fit for the surrogacy. The intended parents must show they have the financial means and mental stability to care for a child. The gestational carrier must be physically fit and in the right mental state to carry the baby to term.

Typically, all parties will undergo a clinical review. A mental health professional will ask them about their life plans, motivations, and support system. The carrier’s partners may also be questioned about their views on surrogacy.

The surrogate will also be required to undergo a Personality Assessment Inventory (PAI) or a similar multiple-choice personality assessment test. The test assesses various personality components including anxiety, aggression, psychopathy, and substance abuse.

The carrier will also be asked to take a medical screening to determine if she is physically fit to carry the child. She will be tested for various STDs such as syphilis, hepatitis, and chlamydia.

Financial Agreements and Escrow Accounts

Surrogacy law requires that an escrow account is set up when the Gestational Carrier Agreement is created. The account holds surrogacy funds which will cover legal fees, medical expenses, and other costs. Intended parents will make an initial deposit into the account. Payments are disbursed directly from the account to cover agreed-upon surrogacy-related fees.

The account will typically stay open 6-8 months after the pregnancy ends. The balance is then paid back to the parents.

Recap of the Importance of the Legal Process

Legalities may add a layer of complexity to the surrogacy process, but they are necessary for keeping parties protected. They ensure all parties are prepared to handle the pregnancy and set guidelines for compensation, communication, and dispute resolution. Surrogacy laws help things run smoothly in the custody transfer process.

Surrogacy Simplified will be there to help you deal with the challenges of surrogacy. We can assist with administrative details, provide medical and fertility resources, aid with agency selection, provide relationship management, offer emotional support, and so much more. We will take the stress off your shoulders so you can enjoy the journey.

Book a complimentary consultation to learn more about how we can partner together on your surrogacy journey.