Gestational surrogacy offers hope for those in need of assisted reproductive technology to start a family, and involves the use of assisted reproductive technology (ART) to create healthy embryos for implantation in a gestational surrogate. Before such a procedure, it is important for donors, intended parents, and surrogates to know their legal rights and protect their interests.
Surrogacy contracts and birth orders protect each party’s rights and help avoid legal confusion in the future. Our surrogacy lawyer can answer your questions about the process in Rhode Island, regardless of your individual role in the surrogacy process.
The Rhode Island Uniform Parentage Act allows surrogacy agreements when proper steps are taken. § 15-8.1-703 of the RIUPA recognizes that intended parents of a child conceived through assisted reproduction and carried through surrogacy can be considered legal parents of the child. This is provided that valid agreements exist regarding parentage and the rights of all parties involved.
There are two types of surrogacy, generally. Traditional surrogacy is when the woman carrying the child through pregnancy is also the egg donor. Gestational surrogacy is when the woman carrying the child receives a fertilized embryo with an egg that is not her own. Conception for surrogacy can be accomplished through different methods:
State law allows intended parents to obtain pre-birth orders or post-birth orders that establish legal parentage following a child’s birth. Because of statutory presumptions of parentage, without court orders, it is not possible to list the intended parents’ names on a birth certificate. Attorney Robins can review the facts of a client’s situation and pursue a parentage order before or after birth.
Detailed surrogacy agreements can help intended parents and surrogates understand any legal rights they are gaining or relinquishing through the surrogacy process. This can ensure all parties involved can move ahead with confidence.
Written contracts explaining the terms and expectations of all parties in the surrogacy process are crucial. While surrogates or intended parents might view the surrogacy journey as a medical matter, it is a legal one as well. Without thoughtful planning and the protection that a contract provides, the donors, carriers, and intended parents can encounter unexpected conflicts in the future.
Family-building goals should not be complicated by legal uncertainty. Skilled surrogacy attorneys can make sure that new parents in Rhode Island leave the hospital with their parentage rights intact, or that donors are free from surprises after the child is born. A surrogacy contract can cover issues such as:
Attorney Robins can create and review surrogacy contracts to suit the specific goals and needs for all involved. Reproductive law is constantly evolving, and a skilled surrogacy lawyer can stay on top of legal issues so their client does not have to.
Whether you hope to be a parent, are a potential donor, or a potential surrogate, you should understand your legal rights and options. Legal agreements can take all of the guesswork and legal risk out of this important development. Reach out to TR Law Offices today to learn how our surrogacy lawyer can help you accomplish your goals in Rhode Island.
