The rapid growth in Assisted Reproductive Technology (ART) offers new family planning options when traditional pregnancy is not available. There has never been a better time to rely on a surrogate to chart a new path for your family.
That said, these issues are complex. You could benefit from discussing your options with a compassionate attorney before signing an agreement or committing to any specific course of action. Reach out to an Illinois surrogacy attorney lawyer today to learn more.
Surrogacy is an arrangement where one person carries an unborn child on behalf of another. The surrogate and intended parents enter into an agreement where the surrogate agrees to waive any potential parental rights to the child and the intended parents agree they have all of the rights and responsibilities that come with a newborn.
There are many reasons why people pursue surrogacy. Same-sex couples frequently pursue this option, and the same is true for individuals struggling with fertility on their own. Regardless of the reasons, there are two general types of surrogacy to consider.
Gestational surrogacy involves a surrogate carrying an embryo despite not donating any genetic material. The embryo is generally created from an egg and sperm belonging to other parties, before it is placed in the surrogate’s womb.
Traditional surrogacy is now the least common of the two options. With this approach, the surrogate uses her own egg in addition to sperm from a donor. Often, this comes from an intended father.
Understanding these options is crucial before you move forward with such a life-changing process. Let our Illinois attorney answer your surrogacy questions and help you understand your legal options.
A key component of this process is the surrogacy agreement. Without a written contract, issues surrounding child custody rights can quickly become messy. The good news is that an Illinois-based surrogacy attorney can help avoid any controversies or disputes by carefully drafting this type of agreement. Here are some important provisions commonly included in these contracts.
The most important part of any surrogacy agreement is the language regarding parental rights. It is vital that the terms of the contract waive any rights and obligations that the surrogate might have. By giving these powers and responsibilities to the intended parents, the contract can prevent complications in the future.
Many surrogates are compensated for their time. In addition to these payments, many are given additional resources because of any work they missed during the course of their pregnancy. Agreements should clearly spell out the expected compensation.
These agreements frequently include details about insurance coverage. Surrogates often have their medical expenses paid for during their pregnancy, so it can be helpful to outline what coverage they are provided with by the intended parents.
Some agreements will include terms related to how the parties communicate with each other, both during and after pregnancy. A contract might spell out how frequent communication should happen or determine the avenues used.
If you are considering surrogacy, now is the right time to talk about your options with an attorney. Whether you are a hopeful parent or a potential surrogate, having the support of a lawyer will be invaluable as you outline the expectations. But there are risks that come with attempting to draft these contracts on your own. To protect yourself, reach out to a surrogacy lawyer in Illinois as soon as possible to make the agreement official.
