UNDERSTANDING SURROGACY AGREEMENTS AND LEGAL PARENTAGE: A GUIDE FOR INTENDED PARENTS
Choosing surrogacy to grow your family is an exciting, transformative journey, but it also requires careful navigation of legal frameworks to secure your rights as parents. For intended parents, understanding surrogacy agreements and parentage laws can make this journey smoother, providing assurance and clarity as you move toward parenthood.
From establishing legal parentage through pre-birth orders to detailing the roles and expectations in a surrogacy contract, each step is designed to protect you and the surrogate, fostering a positive partnership built on trust and clear communication. This guide explores the essentials of surrogacy agreements and parentage rights, helping you prepare confidently for the arrival of your child.
KEY COMPONENTS OF A SURROGACY AGREEMENT
A surrogacy agreement is the foundation of a clear, legally binding relationship between the intended parents and the surrogate. This contract covers the rights, responsibilities, and expectations of both the intended parents and the surrogate throughout the surrogacy journey. Two attorneys, one for each party, draft the contract to ensure everyone’s rights and surrogacy goals are addressed properly. Key components include:
Parentage Rights: The primary purpose of the surrogacy agreement is to establish the intended parents as the legal parents of the child. This eliminates any potential ambiguity over parental rights and builds the foundation for legal parentage proceedings.
Compensation and Expenses: Surrogacy agreements outline the compensation and reimbursements for the surrogate’s medical expenses, travel, and other associated costs. Transparency around financial matters is vital to avoid future disputes.
Health and Medical Directives: The agreement specifies expectations regarding the surrogate’s medical care and lifestyle choices to support a healthy pregnancy.
Legal and Ethical Boundaries: The agreement can address ethical issues, including choices related to prenatal care, birthing preferences, and what to do in case of medical complications.
Communication Expectations: Both parties should agree on how and how often they’ll communicate during the pregnancy. This creates a collaborative, trusting relationship.
A comprehensive surrogacy agreement offers protection for all involved, but the ultimate focus is to ensure that intended parents secure their rights to their child.
ESTABLISHING PARENTAGE RIGHTS
Establishing legal parentage is an important step in the surrogacy process. Laws surrounding parentage vary by state, so working with an experienced surrogacy attorney is essential. Here is how the process works:
Legal Process and Pre-Birth Orders (PBOs): Many states allow intended parents to establish legal parentage before birth via a pre-birth order, naming them as the legal parents on the birth certificate. A PBO ensures that intended parents can take immediate custody of the child upon delivery. Not all states offer PBOs, so it's crucial to understand your state’s specific requirements.
Coordination by State of Residence and Delivery: The state where the surrogate resides and plans to deliver the baby often dictates the legal approach. Some states require post-birth parentage orders instead of PBOs. Your attorney will help you navigate this based on where the birth will occur and may recommend state-specific actions for parentage documentation.
Role of the Attorney: An experienced surrogacy attorney guides intended parents through the parentage process, guaranteeing all legal rights are established before birth. Attorneys handle court paperwork, advocate for you in court, if necessary, and ensure all documents are filed promptly.
Hospital Coordination: It’s important to notify the hospital of the surrogacy arrangement well in advance. Most surrogacy-friendly hospitals are familiar with PBOs and will assist with the necessary protocols to make sure that the intended parents are listed as the child's legal parents.
Additional Considerations: In international surrogacy arrangements, IPs may face additional legal requirements, such as citizenship or immigration-related paperwork, so working with professionals who specialize in surrogacy is critical in these cases.
You can learn more about the legal issues surrounding surrogacy in our FAQ blog post with noted assisted reproduction technology attorney Eliseo Arebalos.
SUGGESTED TIMELINE FOR KEY STEPS
Planning the timeline for legal parentage proceedings gives you peace of mind as you approach the delivery date. The general timeline below will guide you in preparing for your child's anticipated arrival.
Before Matching with Surrogate: Meet with a surrogacy attorney to discuss the legal landscape in your surrogate’s state and set expectations for the process. This ensures you are prepared once the match with your surrogate is finalized.
During Pregnancy (3–6 Months): Begin any necessary pre-birth order paperwork, allowing enough time to address any legal complications.
Third Trimester (6–9 Months): Notify the delivery hospital, provide a copy of the surrogacy agreement, and confirm arrangements for the baby’s birth. Also, finalize any state-specific requirements, such as obtaining the PBO if applicable.
Delivery: Make sure that all legal documents are accessible at the hospital. Your attorney will typically handle any immediate issues that may arise.
Following this timeline helps establish your legal status as the parent before delivery, minimizing stress and enabling a seamless hospital experience—focusing on the moment that matters the most.
Navigating the legal aspects of surrogacy, from drafting a solid surrogacy agreement to securing parentage, is essential for intended parents. By understanding the role of surrogacy agreements and the parentage process, and working closely with a specialized attorney, you can secure your rights and bring your child home with confidence and ease. Though each state’s regulations may vary, a well-prepared legal team will be instrumental in ensuring a smooth journey to parenthood.
Growing Generations is here to help you throughout the process. If you're ready to begin your surrogacy path to parenthood, get started by completing our application.