There are a variety of reasons why a person or couple might choose this option. It is a common resource for LGBTQ couples, as well as individuals who are unable to have children of their own.
Whether you hope to become a parent or are open to serving as a surrogate, a dedicated assisted reproductive technology attorney could help. We understand how important this process can be, and a Massachusetts surrogacy lawyer is available to craft a contract that protects you and keeps everything clear for the future.
Surrogacy agreements define the rights and responsibilities of both the intended parents and the surrogate. In Massachusetts, attorneys must carefully tailor these surrogacy agreements to comply with state law and to provide clarity for everyone involved, including the surrogate and the intended parents. A few common types of surrogacy agreements exist.
In a gestational surrogacy arrangement, the surrogate carries a child conceived using the intended parents’ or donors’ genetic material. She has no genetic connection to the baby. The agreement typically outlines medical procedures, compensation, parental rights, and what happens if complications arise. Gestational surrogacy is the most common form due to its clear separation between genetics and pregnancy.
Traditional surrogacy involves the surrogate using her egg, making her the genetic and birth mother. These agreements are more complex and less common, as they require additional provisions to address the surrogate’s genetic link to the child. Courts often scrutinize these contracts more closely to ensure that parental rights are fully resolved.
Surrogacy agreements may also distinguish between altruistic arrangements, where the surrogate is reimbursed only for expenses, and compensated arrangements, where she also receives payment for her time and commitment. Either type of agreement is only enforceable if it complies with Commonwealth law. To better understand surrogacy contract options, an interested party in Massachusetts should talk with legal counsel about what is involved.
One of the ways a surrogacy contract attorney can help an intended parent in Massachusetts is by preventing confusion and delay ahead of the baby’s delivery. That is where pre-birth orders come in.
A pre-birth order sets out the parental rights of the intended parents before the baby is born. When these orders are in place, intended parents gain sole custody of the infant after birth. This is important, as this document provides the right to be with the child after birth, make medical decisions on their behalf, and take them home from the hospital.
Whether it is drafting a surrogacy agreement or preparing a pre-birth order, an attorney could handle the most challenging steps in the surrogacy agreement process. If you have questions about your rights either as an intended parent or a surrogate, Attorney Robins could help.
Contact TR Law Offices for a confidential consultation today, where a Massachusetts surrogacy lawyer can evaluate your options and provide you with a clear and valid path forward.
