Intended parents are the individuals who plan to become a child’s legal parents as a result of a surrogacy arrangement. They may be married, unmarried, or single, and they may be part of a same-sex couple, depending on the laws of the state where the surrogacy takes place. While every family’s path to parenthood is different, intended parents share the goal of a building a family through the surrogacy process.
Because state laws vary widely, intended parents should understand their legal rights and responsibilities before beginning the process. Teri Robins is an assisted reproduction technology attorney who helps donors, surrogates, and intended parents craft legal agreements that protect their rights during an exciting but complex time.
Who Can Be Intended Parents?
An intended parent is anyone who enters into a surrogacy arrangement with the expectation of becoming the child’s legal parent after birth. The specifics of this process can differ dramatically from one state to another.
Married couples often pursue surrogacy after struggling with infertility, repeated pregnancy loss, or medical conditions that make pregnancy unsafe. Others choose surrogacy after unsuccessful fertility treatments or because they cannot safely carry a pregnancy to term. Regardless of the reasons, each of these parties faces the same challenges moving forward.
Same-sex couples also frequently use surrogacy to grow their family. Depending on the circumstances, one intended parent may contribute genetic material, or both parents may use donated eggs or sperm along with assisted reproductive technology.
Single individuals also become intended parents through surrogacy. Some choose to pursue parenthood independently, while others decide that surrogacy offers the safest or most practical path to having a child.
Regardless of the family structure you have in mind, you’ll generally need to satisfy the legal requirements of the state where the arrangement has been implemented.
What Rights Do Intended Parents Have?
The rights of intended parents depend on two primary factors: state law and the terms of the surrogacy agreement. A proper agreement establishes each party’s expectations before the pregnancy begins and helps prevent misunderstandings later.
In many states, intended parents can obtain a pre-birth or post-birth parentage order that legally recognizes them as the child’s parents. These court orders often allow hospitals to identify the intended parents as the individuals authorized to make medical decisions for the newborn immediately after birth.
Intended parents also have important contractual rights in most situations. A surrogacy agreement typically addresses issues like financial obligations, communication during the pregnancy, and medical decision-making involving the child.
While intended parents have significant legal rights, those rights exist within the framework of applicable state law. Some states provide clear statutory protections for surrogacy arrangements, while others have little or nothing in the way of legal protections at all.
What Responsibilities Do Intended Parents Have?
Becoming an intended parent involves more than preparing to welcome a child. They also assume legal and financial responsibilities throughout the surrogacy process. Most intended parents are responsible for paying the expenses outlined in the surrogacy agreement, such as medical costs, insurance, agency fees, legal fees, and compensation or reimbursements permitted under applicable law.
What’s more, they must also comply with the other terms of the surrogacy agreement. This could include maintaining open communication with the surrogate and responding promptly when legal or medical issues arise.
While the surrogate carries the pregnancy, intended parents remain actively involved in preparing for the child’s arrival and completing the legal steps necessary to establish parentage.
Discuss the Legal Impacts of Being an Intended Parent When You Call Attorney Robins
If you have questions about what makes for an intended parent, now is the time to speak with an attorney to get your answers. TR Law Offices is prepared to help you understand your rights and obligations throughout this process. Call today to learn more.
