1. Surrogacy laws are different in every state.
- Surrogacy law falls under the broad umbrella of family law.
- In the US, family law is governed by the individual state.
- The state that the surrogate lives in is almost always governing authority for the surrogacy arrangement.
2. Surrogacy laws are constantly being updated.
- State level cases are being processed regularly related to surrogacy and parental rights.
- At the federal level, the recent reversal of Roe v. Wade created a large impact on gestational surrogacy opportunities as states' trigger laws against abortion come into effect.
- It is important to have an experienced reproductive law attorney that is updated on all of the recent changes to help you navigate your journey.
3. Working with an experienced and specialized attorney is mandatory.
- Even in states like California that have well established precedents for IVF journeys, the intended parents should still work with an experienced reproductive law attorney that has experience with gestational surrogacy journeys.
- The attorney writes the contract between the intended parents and surrogate, typically files the parental rights assignment, sometimes assists with insurance review and is the intermediate between the intended parents and the surrogate [via the surrogate's own independent lawyer] during the contract phase.
- An experienced attorney will ensure the process is as smooth as possible and is an integral part of the surrogacy journey too.
4. Finalization of parental rights is different for every journey.
- The state and county where the surrogate lives in addition to the state and county where the intended parents' lives can determine what options are available.
- Some states allow for pre-birth orders while other states only allow for post-birth orders.
- The intended parent's lawyer will assist in filling all of the required paperwork with the required courts at the required dates.
- The lawyer's specialized knowledge in establishing parental rights is another example of why working with an experienced reproductive law attorney is so critically important.
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