For couples planning to become parents, surrogacy offers hope when fertility issues arise. Surrogacy involves the use of assisted reproductive technology (ART) to fertilize an egg and transfer an embryo into the uterus of a surrogate. In vitro fertilization (IVF) is the standard method for beginning the surrogacy process. Before the procedure is done, however, it is crucial for all parties, including intended parents and gestational carriers, to know their legal rights and responsibilities.
Surrogacy contracts and birth orders are important to ensure the rights of all parties are protected. An Ohio surrogacy lawyer can discuss what to expect and how to plan for the birth of a child through gestational surrogacy.
Ohio law does not have any law prohibiting traditional surrogacy or gestational surrogacy. Traditional surrogacy is when the woman carrying the baby is also the egg donor. Gestational surrogacy is when the woman carrying the child is not the egg donor, but carries a donated embryo. Conception during surrogacy can be achieved in different ways:
Intended parents can obtain either pre-birth orders or post-birth orders establishing parentage of the child when a donor or gestational carrier is used during surrogacy. Whether you need a pre-birth order or post-birth order can vary depending on which county the intended parents live in. A surrogacy attorney can review the facts and help determine intended parents in Ohio determine which order is best for the situation.
Detailed surrogacy agreements are imperative for both intended parents and gestational carriers to understand all legal rights they are gaining or giving up as part of the process. Establishing a clear understanding of these terms can avoid future problems and help make childbirth a joyous occasion.
Any individual involved in a surrogacy arrangement should complete and sign a written agreement covering the terms. Without careful planning and the protection of a written contract, both carriers and intended parents can face unforeseen risks and legal issues surrounding parentage of a child.
When proper legal procedures are followed, a couple’s goal of creating a family can be reached without the added stress of legal uncertainty. Couples leaving the hospital with their newborn in Ohio deserve to know they have clear legal custody of the baby, and a skilled surrogacy attorney can make sure that happens.
Attorney Robins can create, negotiate, and review surrogacy contracts before the procedure takes place. Since everyone’s situation is different, we can tailor a surrogacy contract to the specific goals and needs for the intended parents and gestational carrier for the planned pregnancy. Fertility clinics and agencies might have standardized contracts that participants can fill out. However, such documents can fall short of fully protecting individuals from risks and pitfalls that are common in surrogacy.
Reproductive law is constantly evolving, and a skilled surrogacy attorney can ensure peace of mind and a successful transition to parenthood.
Whether you are an individual or married couple hoping to grow a family, a donor, or potential gestational carrier, you deserve to understand your options and have your legal rights protected. A dedicated surrogacy attorney servicing Ohio can identify your goals, concerns, and potential legal issues to ensure you are ready to move ahead with confidence. To learn more, reach out to TR Law Offices to schedule your consultation.
