Legal Aspects of Surrogacy
Tuesday, October 13, 2015
Many people turn to surrogacy when they desperately want children of their own but cannot have them for various reasons. Surrogacy offers a parent or parents the chance to truly have a child that is genetically related to them, something that other options like adoption do not offer. However, the surrogacy process may seem frightening to some. Questions like "What happens if the surrogate mother changes her mind?" or "How can I trust the surrogate mother?" often surface. That is why there are specific legal aspects that must be attended to for any successful surrogacy.
In order to protect both the intended parents and the mother acting as surrogate, a binding legal contract
is required. Intended parents will find their own independent legal representation. This means that you can choose any lawyer you want to represent you. You are not required to use an appointed lawyer. You should feel comfortable and confident in the lawyer you choose. Your lawyer will draft a contract which will be sent to the surrogate mother's lawyer. She will also have an independent lawyer review the contract and return it. Each line of the contract should be reviewed by all parties and their attorneys. You should understand every clause that is in place in the contract. Once the contract has been signed by all parties involved, it will be binding and legal.
There should be protections in the contract for both the intended parents and the surrogate mother. Intended parents will be protected from cases where a surrogate mother may try to keep the baby. The surrogate mother will also be protected from being left with a child should the intended parents change their minds before the baby is born. Intended parents must accept the child. These are issues which must be understood before contracts are signed and the surrogacy process begins. Legal problems and issues of this nature are very uncommon after contracts have been signed.