Surrogacy can be a complicated process. To best protect you and your family, here are 5 reasons why you may need a surrogacy attorney.
Surrogacy and ART pregnancies require legal steps and requirements at every stage. Experienced surrogacy attorneys have the legal expertise to ensure you are on the right path legally by providing you with the ability to draft and enforce contracts with the surrogate, and will always protect your rights and best interests. Fertility laws vary between states and are rapidly changing, surrogacy attorneys guide you through these proceedings to ensure you and your child’s future.
How a Surrogacy Attorney Can Help You
1. Legal Expertise
An experienced surrogacy attorney has the knowledge to ensure a smooth surrogacy by helping you:
- select the right surrogate,
- negotiate surrogate payment,
- complete background checks
In the unfortunate case of a dispute, the legal expertise of a surrogacy lawyer can come in handy.
Related: Is Surrogacy Legal in California? CA Surrogacy Laws
2. Contract Drafting and Enforcement
Before any medical procedures begin, all parties should sign a finalized surrogacy contract. The surrogacy attorney can provide an equitable surrogacy journey through a thoughtful and detailed contract. A surrogacy contract can cover everything from payment, risk, and liabilities of both parties, termination, and more. An attorney can help you make sure every aspect of your ART agreement is covered.
3. Protecting Your Rights and Interests
As previously mentioned, a surrogacy contract will cover all of the gray areas in surrogacy. A surrogacy attorney’s experience can help you recognize risks and liabilities you may have not thought of. Although the chance of conflict is low, it is important to protect ALL of your rights and interests in surrogacy. A surrogacy attorney will help you outline these risks and liabilities effectively, while also incorporating your own interests.
Related: How to Form a Surrogacy Contact in California
4. Guiding you Through Assisted Reproduction Laws
Fertility law is an ever-changing field. Having an attorney’s expertise is the best way to navigate confusing assisted reproduction laws, which may vary state by state. To make sure your surrogacy agreement is legally binding and enforceable, consider hiring an experienced surrogacy attorney from Her Lawyer.
Related: 10 Steps to the California Surrogacy Process
5. Protecting and Establishing Parental Rights
Pathways to establishing parentage are different in each state. To ensure you have parental rights after your intended child’s birth, a surrogacy attorney can help you take the right steps. Your surrogacy attorney will be able to inform the right parties of your parentage and legal rights. Without a surrogacy attorney, custody of the child can be up for debate, even if both parent(s) and the surrogate consent to an agreement.
Contact Us
If you or a loved one want to know more about why a surrogacy attorney can be helpful, get your free consultation with one of our family law attorneys today!