Embarking on a surrogacy journey is an exciting and emotional time for many. Understanding how surrogacy works is crucial for ensuring a smooth and successful experience.
Initial Consultations and Agreements
The first step in understanding how surrogacy works involves initial consultations and agreements. Meeting with our team sets a great foundation when you are looking to become a Surrogate or Intended Parent. We understand each states and countries requirements, and take this into consideration while matching.
Once your relationship with Stronger Together Surrogacy is established and a match is identified, intended parents and surrogates meet with legal professionals. They will be licensed in the state where the gestational carrier plans to give birth and specialize in ART law. During these meetings, each party separately discuss their expectations, responsibilities, and the legal implications of the surrogacy arrangement.
It’s essential to have a detailed surrogacy agreement drafted and reviewed by an experienced Assisted Reproductive Technology (ART) Attorney. This agreement covers important aspects such as compensation, medical procedures, parental rights, and what happens during unforeseen circumstances. A clear and comprehensive agreement helps protect all parties’ interests and sets a solid foundation for the surrogacy journey.
Legal Clearance and Parental Rights
Once the surrogacy agreement is negotiated, the next step in the surrogacy legal process is obtaining legal clearance. In some states, this may involve being signed by a Notary and/or witnesses. When all parties have executed the agreement following the specific state requirements, legal clearance is issued to the Agency, Clinic, and copies are sent to you! In some cases, you may be required to mail your executed original agreement to the drafting Attorney, while others may accept scanned copies.
In some cases, filing paperwork with the court may be required to ensure the surrogacy arrangement is legally recognized. The specifics of this process can vary depending on the state or country where the surrogacy is taking place. It’s important to work with a knowledgeable attorney who can guide you through the local legal requirements.
A critical aspect of the legal process is establishing parental rights. In some cases, this may involve a pre-birth order, a court order issued before the baby is born, adoption process after birth, or in other situations, BOTH! Understanding these legal steps is vital for protecting the rights of both the surrogate and the intended parents.
Birth and Post-Birth Legal Steps
The culmination of the surrogacy journey is the birth of the child. However, the legal process doesn’t end there. After the baby is born, there are additional legal steps to finalize the intended parents’ parental rights. This may involve filing birth certificates, updating legal documents, and ensuring all paperwork is in order. If the Intended Parents are from another country, they will need to obtain other travel documents following their countries requirements.
In some jurisdictions, a court hearing may be required to establish the intended parents’ legal rights. This may be a virtual hearing or in some cases, in person. During this hearing, the court reviews the surrogacy agreement and other relevant documents to ensure compliance with local laws.
Navigating the surrogacy legal process can seem daunting, but with the right information and support, it becomes a manageable and empowering journey. Understanding how surrogacy works is key to ensuring a positive and successful experience for everyone involved, from initial consultations to post-birth legal steps. You can confidently move forward on your path to parenthood by partnering with experienced legal professionals and staying informed about the legal requirements.
Partnering with Stronger Together Surrogacy
At Stronger Together Surrogacy, our experienced team provides personalized care and comprehensive services, including matching with surrogates and navigating all aspects of the surrogacy process. Would you like to learn who the top providing Attorneys are in your state? Contact us today for a free consultation on applying to become a Surrogate or Intended Parent, and we will assist in guiding you though the legal process and entire journey!
