Ensure that the legal representative assigned to your case will be aware of all the important information provided by you and the surrogate. Working with an experienced lawyer is critical in better understanding the details surrounding surrogacy. The contract to be agreed upon between you and the surrogate must be comprehensive as it will serve as the binding arrangement that will make for a successful surrogacy experience. It is also necessary to have independent lawyers for the intended parents and the surrogate.
The items listed below are good to know information that will safeguard the best interest of both parties.
1. Names of people involved, namely, the couple and the surrogate.
2. Must be of Legal Age.
3. Number of attempts.
4. The method of attaining surrogate’s pregnancy, like “no sexual intercourse.”
5. Agreement to sustain and continue the pregnancy.
6. A statement that the mother cannot conceive a child and sustain a pregnancy.
7. Statement of in depth medical and mental condition of the woman who carries the intended parents baby as agreed.
8. Medical insurance for all parties involved in the placement of the embryo.
9. Modern treatments involving the placement of the embryo.
10. Stringent checking of surrogate’s activities as well as medication ingested.
11. Agreement on regular prenatal medical health care
12. Restriction on surrogate’s activities that may be considered threatening to pregnancy and the birthing process.
13. Parental rights of the surrogate.
14. The presence of the couple during birth.
15. Legal or physical custody of the surrogate and the couple once the child is delivered.
16. Financial considerations before, during, and after pregnancy.
17. Confidentiality terms.
The list above addresses what is essentially required, but it is still better to check what could be other factors that will help you anticipate for future complications that may arise in the process. Preparation in advance is critical at this phase and will benefit your future family and the surrogate.
Comprehending Surrogacy Companies
The legality involving surrogacy in the USA is still a recurring debate. Aside from having surrogacy legal in some states, it’s the regulations regarding the procedure that somewhat causes confusion and raises many questions from different sectors in the community.
Once you and your partner have decided to sign up for surrogacy services, you will need to arm yourself with information regarding surrogacy laws and legal concerns per state. This will make your experience a little less overwhelming, giving you time to focus on other concerns that may come your way.
Knowing how much to pay your surrogate is one of the several concerns to take note of when choosing surrogacy to build your family. Whatever payment a gestational or traditional surrogate receives, it is critical to know for certain that they are not an employee. Even when the woman acting as a surrogate does this free of charge, she is still not qualified due to the employee – employer relationship.
Traditional or Gestational Surrogacy
Traditional Surrogacy is the process wherein the woman carrying a surrogate pregnancy goes through artificial insemination or even IVF by merging the surrogate’s eggs together with the semen of the donor. In this instance, the surrogate possesses a hereditary link to the baby, which can be high-risk due to the said genetic connection.
Gestational Surrogacy varies greatly from Traditional surrogacy since the surrogate carries the pregnancy and gives birth from an already fertilized egg. In this instance, there is actually no hereditary web link in between the surrogate as well as the child.
Lawful Concerns Post-Birth Adoption
Another concern to take note of post birth is the details on the child’s birth certificate.
Most states will allow the parents’ name to be written in the child’s birthing documents. Other states allow the surrogate’s name to be on the birth documents which can be later amended when necessary.
Another consideration would be pre birth order. It is permissible for some states to have pre-birth order, but only under certain conditions. Ultimately, what is it essential to do is to have a complete understanding of the laws of surrogacy for each state.