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How Laws Can Protect Surrogate Mothers

Friday, October 30, 2015
Family Law
How Laws Can Protect Surrogate Mothers
The truth is that surrogacy is still a relatively new option for couples who want to become parents. Many states now have laws regarding surrogacy, but some don't allow it at all. Needless to say, this can make a surrogate pregnancy incredibly complicated for all parties involved.

We strongly recommend hiring a lawyer and entering into a surrogacy agreement. This agreement not only covers the relationship between the surrogate and the intended parents, but it also talks in detail about the financial obligations of each individual named in the contract.

Every State Is Different

The most important thing we think you should understand is that surrogacy laws vary by state. Fortunately, intended parents and surrogate mothers don't have to live in the same state. However, the surrogacy contract will need to specify which state laws govern the parties involved.

In order to make the process easier, it makes sense to select surrogacy mothers from states that allow surrogacy. Additionally, we require that surrogate mothers commit to staying in the same state until after the baby has been born to prevent additional legal complications.

Biological Relationship Matters

Many couples choose surrogacy in order to be biologically related to their child. Depending on whether artificial insemination, egg fertilization, or embryo implantation was used, it's possible to be granted parental rights prior to birth through a court order.

Again, how this process works depends on the state the surrogate mother and the intended parents live in. If the intended parents are not biologically related to the child, then the surrogate mother will have to relinquish her rights after the baby is born. This is often done through adoption.

You'll Need Legal Representation

We know that the process of surrogacy can be complicated, but it's truly worth it. As long as you hire appropriate legal representation, you shouldn't have anything to worry about. Most surrogate mothers and intended parents relish the entire experience despite having to follow the legalities in their respective areas.
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