The legality of surrogacy in the USA can be considered an ongoing argument. What makes it more complicated is the fact that the laws vary per state which results in more questions than answers. Given this complication, you must fully understand the laws regulating surrogacy in all states to avoid running into any problems as you go along this process.
The Essential Components
The lawyer you’ll be hiring to protect your interest will need all the inputs coming from you and the surrogate. Partner with this kind of expert to work hands on with the intricacies of the contract or agreement that you will have with the woman carrying your child. It is also important to hire independent lawyers for you and the surrogate.
The list seen below will be of great help to cover the basics of the said agreement.
1. Name of parties involved: husband, wife as well as the woman acting as the surrogate.
2. Should be of legal age
3. Number of attempts
4. The process of getting pregnant, like “no sexual intercourse.
5. Agreement to never attempt to discontinue pregnancy.
6. A declaration that the mother is unable to conceive or sustain pregnancy.
7. Statements of extensive clinical and mental state of the surrogate as agreed.
8. Health plan for all concerned, including the embryo.
9. Procedures including the positioning of the fertilized egg (s).
10. Close monitoring of surrogate’s activities as well as medication taken.
11. Discussion and agreement on regular prenatal health care.
12. Regulation on the surrogate’s activities that may be seen as dangerous to the pregnancy as well as the birth procedure.
13. Surrogate’s parental rights.
14. The presence of the couple throughout childbirth.
15. Legal or Physical custody of the couple and surrogate once the child is born.
16. Financial terms and obligations in the course of pregnancy and post pregnancy.
17. Confidentiality terms and clauses.
This checklist covers a great deal of what is good to know at the start of this process. It is, however, ideal to watch out for other conditions that will better prepare you for potential issues in the future.
Knowing the ins and outs relating to the surrogate’s compensation is of utmost importance. This should the first of the many to consider when opting for this service. Understanding just how much your financial obligation will be can help you plan for other concerns related to this process. Whatever pay a gestational or even traditional surrogate gets, it is important to identify that they are not an employee. The employee- employer connection still stands even if the surrogate offers the service for free.
Traditional or Gestational Surrogacy
Gestational Surrogacy is different from Traditional surrogacy since the surrogate carries the pregnancy and gives birth from an already fertilized egg. In this case, there will be no hereditary link in between the surrogate as well as the child. Traditional Surrogacy, on the other hand, entails artificial insemination or even IVF by merging the surrogate’s eggs with the semen of the benefactor. In this instance, the woman acting as the surrogate possesses a hereditary link to the kid, which can be high-risk.
Lawful Issues Post-Birth Adoption
A number of states make it possible for the name of the mother and father to appear on the child’s birth certificate. In other states, the surrogate’s name is the one put on the document, which may be changed later when the order for the intended parent comes and gets listed.
Some states permit pre-birth sequence under specific conditions. At the end of the day what is still very important is to understand as well as know the rules of each state with regards to surrogacy.