Surrogacy is a modern and growing means of bringing new life into the world. In the case of surrogacy, a woman carries a baby for another person or a couple. The intended parents can undergo the process of IVF (in vitro fertilization), fertilization outside of the body, to transfer the embryo into the surrogate’s uterus.
Generally, surrogates are not genetically or legally related to the baby and are paid according to the time and service provided by the intended parents. However, people are confused about the laws surrounding surrogacy. It includes family law, estate planning, contract law, and immigration law.
The legal experts at the surrogacy agency draw agreements between the to-be-parents and surrogates, and egg donors. They draw agreements planning for the future and provide the child’s best interests, taking into account financial risk, finalizing parental rights, and more. Take a look at some of the pointers about surrogacy law.
Surrogacy Laws Differ from State to State
Surrogacy comes under the purview of the family law, and the states govern family law. The state law governs by a surrogacy arrangement and the surrogate’s location. This state’s law will figure out the parentage and custody unless the surrogate woman decides to deliver in a different state.
In a few states such as Michigan, Nebraska, and Louisiana, surrogacy is illegal or unenforceable. In some other states, certain rules permit surrogacy, provide favorable high court decisions, or both. Other states have no published cases, yet the courts allow surrogacy. So, it is always a good idea to pursue surrogacy when the surrogate lives in the states mentioned above.
Surrogacy laws Are Constantly Changing.
The practices and procedures of surrogacy laws are constantly in a transient stage. It’s always important for surrogacy experts to remain up to date and stay informed about changes in the law and practice and pass this information on to you.
For instance, California has been more friendly towards the gestational surrogacy law for almost 20 years. In some cases, the state’s Supreme Court established the rules and regulations that set the parties’ intention as far as surrogacy is concerned.
However, in a few cases, the court can also extend the contract enforceability to the intended parents who do not have a genetic connection with the children. In 2012, California passed a statute ordering surrogacy agreements, including pre-and post-birth orders.
An Experienced Attorney at Your Aid
Despite having the support of precedent, intended parents need all the support they get from an experienced attorney; ensure they specialize in reproductive law.
If you have a legal contract with your gestational surrogate and egg donor. It is essential to have your attorneys specialize in reproductive law. If you move surrogacy or egg donation without a contract, it can lead to several problems for the egg donor or the surrogate.
The Other Factors That Come into Play
The other factor that plays an important role in pursuing surrogacy is finalizing parental rights. Whether the intended parents live in a state or the country of the surrogate can impact the finalization of parental rights.
For example, in a few states, pre-birth orders are recognized. For instance, asking hospitals to place the to-be-parents on the birth certificate gives the intended parents the right to make decisions on the child’s behalf.
Other states, however, will not give a pre-birth order as one of the most important legal rights. This is especially if one of the parents has no biological relation to the child. In those states, the intended parents must carry out a second-parent adoption process in their home state or country.
If the intended parents are from abroad, they may need to pursue adoption or a parentage order as they return home. In some cases, they may not need any further legal work after leaving the United States.
Intended parents from different countries must consult with attorneys in their countries. This will enable them to find the safest way to get home safely with their parental rights intact. This way, the lawyers can help iron out their differences and help them in their surrogacy journey.
Surrogacy agencies and attorneys will help detangle the complicated web of surrogacy. It protects your rights and makes things much less overwhelming. There are more reasons than one to consult them and make your journey less complicated.