{"id":351987,"date":"2016-04-04T11:02:46","date_gmt":"2016-04-04T16:02:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/surrogacy-artificial-conception\/top-10-reasons-to-use-an-attorney-surrogacy-arrangement.html"},"modified":"2024-03-28T10:55:00","modified_gmt":"2024-03-28T15:55:00","slug":"top-10-reasons-to-use-an-attorney-surrogacy-arrangement","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/surrogacy-artificial-conception\/top-10-reasons-to-use-an-attorney-surrogacy-arrangement.html","title":{"rendered":"Top 10 Reasons to Use a Surrogacy Lawyer"},"content":{"rendered":"\n
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Top 10 Reasons to Use a Surrogacy Lawyer<\/h1>\n
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\n By Eric Harvey, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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A surrogacy lawyer can help the surrogate and intended parents during a surrogacy. They can draft or review surrogacy agreements to ensure your interests and rights are protected.<\/p>\n\n <\/div>\n\n

A surrogate agrees to become pregnant for the purpose of giving the child to another individual or couple<\/a>. Parties to a surrogate arrangement typically enter into a surrogacy contract\/agreement<\/a> that details the terms of the process, including costs.<\/p>\r\n

Surrogacy uses assisted reproductive technology like in vitro fertilization (IVF) or artificial insemination. This provides an option for individuals or couples who are struggling with infertility. It also provides a path to parenthood for LGBTQ+ couples.<\/p>\r\n

However, fertility and surrogacy laws can be extremely complicated. Whether you’re a same-sex couple, another couple in the LGBTQ+ community, or a heterosexual couple, working with a family law attorney in a surrogacy is always a good idea.<\/p>\r\n

Here are 10 reasons to seek legal advice before signing on the dotted line.
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Learn from Your Surrogacy Lawyer’s Experience<\/h2>\r\n

A lawyer experienced in working with prospective parents and surrogates can discuss with you, right at the outset, what you can expect in terms of timeline and costs. They can also help you anticipate any legal issues that could arise. They can answer any legal questions you may have before beginning the process. Intended parents will benefit tremendously from working with a licensed family law attorney.<\/p>\r\n

Get an Objective Perspective<\/h2>\r\n

It’s almost impossible to remain objective in selecting a surrogate mother or surrogate person on your own. It’s always hard to do this because the decision is so fraught with emotion.<\/p>\r\n

When it comes to choosing a surrogate, it’s important that you approach the process with objectivity. It is only from such a viewpoint that a surrogacy arrangement can be effectively drafted. Surrogacy attorneys know the legal process of commissioning a surrogate pregnancy inside and out. They can be a rational voice when things get challenging.<\/p>\r\n

Access Your Lawyer’s Contacts and Networking<\/h2>\r\n

An attorney experienced in working with prospective parents and surrogates has established contacts and relationships that can expedite the process of locating potential candidates. Assisted reproduction can require a great deal of networking. Family law attorneys experienced with surrogacy will have contacts with whom you’d likely benefit from working.<\/p>\r\n

Benefit from Surrogate Law Skills<\/h2>\r\n

A surrogacy law expert and their staff have the experience and the skills required to conduct appropriate reference and background checks on potential surrogates. Whether it’s any legal issue that could arise around egg donation or a parentage-related claim by the biological mother, family law attorneys can help you navigate any difficult surrogacy-related legal issue. They can do so during the pregnancy. They can also do so after the child’s birth.<\/p>\r\n

Thoroughly Screen Candidates<\/h2>\r\n

Attorneys experienced in surrogacy law have also established professional contacts who can conduct the necessary medical and psychological screening of potential candidates<\/a>. It’s difficult to find a surrogate or a gestational carrier. Family law attorneys can help with that, as well.<\/p>\r\n

Negotiate Money Considerations<\/h2>\r\n

Once a candidate is located, your attorney is better able to address the sensitive subject of money with the surrogate. An experienced lawyer knows what charges are customary. They will be much less likely than you to feel pressured to agree to inappropriate sums. The process of surrogacy, from those associated with using fertility clinics to those related to the gestational surrogate’s medical expenses, can be very expensive. A lawyer can help you manage these expenses. They can help you make wise choices with your money.<\/p>\r\n

Get Help With Surrogate Relationship Management<\/h2>\r\n

Your attorney can help you set up the type of relationship that best suits you and the surrogate, regarding the degree of contact and involvement during the pregnancy. The legal parents may want the biological mother not to have contact with the child after the birth. Parental rights can be a difficult issue to navigate after the child’s birth. The birth mother may want to dispute the custody of the child. An attorney can help manage such situations as well as others.<\/p>\r\n

A Lawyer Can Address Surrogacy Dispute Resolution<\/h2>\r\n

With an attorney, you have an intermediary to help resolve any disagreements that arise between you and the surrogate during the pregnancy. If a dispute related to parentage arises, an attorney can certainly assist with that, as well. A lawyer can help with pre-birth orders and post-birth legal situations.<\/p>\r\n

Whether it’s traditional surrogacy or any of the other types of surrogacy, it’s a good idea to work with a family law attorney. They can help with all legal issues that can arise during surrogacy. Even in situations where there might be a dispute over the validity of the birth certificate or when some unforeseen legal situation arises during an embryo transfer, an attorney can help.<\/p>\r\n

Avoid Guesswork for Surrogacy Contract Drafting and Review<\/h2>\r\n

An attorney can help draft an enforceable surrogacy contract that addresses the important issues and the contingencies that could arise before, during, and after the pregnancy. They can ensure the contract meets all the requirements under the surrogacy laws in your state.<\/p>\r\n

Whether it’s related to the gestational carrier’s reproductive health care or to providing proper disclaimers to all the parties, it’s important that an attorney draft an effective gestational surrogacy contract. Such a contract can specify that the intended mother, intended father, or intended parents take full custody of the child after birth. This is typically the arrangement people choose.<\/p>\r\n

It can also specify things like:<\/p>\r\n