Whether you are building your family through surrogacy, or with the help of an egg, sperm, or embryo donation, assisted reproductive technology involves a wide range of legal and ethical issues for intended parents, carriers, and donors alike. Reproductive law attorney Teri Robins helps families navigate the legal system to ensure that contracts are fair, they comply with state and federal laws, and they’re legally binding. At TR Law Offices, we have decades of experience helping people from all walks of life bring the joy of parenthood into their lives.
The inability to conceive a child naturally can weigh heavily on your heart. However, modern technology provides people from all circumstances with the tools they need to embark on their parenting journey. There are several methods third parties can use to help intended parents create their family.
Surrogacy requirements in the U.S. vary by state due to differing laws and regulations. Generally, intended parents and surrogates must enter into a legally binding contract before the process begins. Legal parentage must be established through pre-birth orders or adoption, depending on state law. Additionally, some states have restrictions on compensation for surrogates, with a few banning compensated surrogacy altogether. It’s essential to consult with a lawyer specializing in reproductive law to navigate the complexities.
When a parties enter into a surrogacy agreement in accordance with the relevant law, at the end of the journey the intended parents will be the legal parents and the gestational surrogate or carrier will have no legal rights. It is our goal at TR Law Offices to make this process the easiest part of family creation path.
In most states surrogates are allowed to receive compensation.
Any person, regardless of sex, marital status, relationship status, or sexual orientation can legally pursue parentage through third party reproduction in most states.
Parentage in surrogacy is established through certified statements that are usually executed prior to the birth of a child. Additionally, a surrogacy contract outlines the intended parentage of the child prior to his or her conception. This contract must be signed before insemination begins. Prior to insemination, donors or surrogates can back out of the agreement, revoking the intended parent’s rights to any donated genetic material. However, once a child is conceived, his or her intended parents have parental rights, as the surrogate parent has no genetic ties or legally established parentage.
