We are well aware of the fact that surrogacy laws in the USA vary on a state-to-state basis. Hence, regardless of what state you choose for surrogacy in the USA, it’s highly important to familiarize yourself with the local surrogacy regulations.
This is where the experience and knowledge of an ART legal professional would come into play. The same professional would not only assist you in understanding the local laws but will further assist you in making an informed decision.
Still, the biggest question that confronts most of the intended parents is- how to pick the best legal professional to help them in their surrogacy journey. Well, just by considering the pointers mentioned below, we are sure that you will be able to make a perfect choice in the same regard. That said before we talk about the significance of a legal professional; let’s talk in detail about their role and responsibility in the surrogacy process in the USA.
Who is a legal professional and why you may need their services for a surrogacy journey in the USA?
As their name suggests, a legal professional is an expert who comes along with the required knowledge and experience of a certain legal aspect. So, in case you are pursuing surrogacy in the USA, the same professional would come along with the basic knowledge of surrogacy laws in the USA along with their state-wise implications.
On the other hand, the services of a legal professional are quite handy for your surrogacy journey. This is due to the wide variation in the way certain surrogacy laws go into place in a particular state. Moreover, the same law may need you to fulfil a few other criteria in order to stay eligible for the surrogacy program within its legal territory.
Besides, there are certain states that allow/don’t allow same-sex surrogacy in the USA or single-parent. So, in order to keep up with the regulations, you must have legal support by your side at every given point in time.
Major legal considerations en route to your surrogacy journey in the USA
LAWS ON COMMERCIAL SURROGACY IN THE USA
While many surrogacy experts today support base pay for surrogates, the legal issues involved in the same process can be challenging. Moreover, the amount of money that can be given to compensate the surrogate for the costs associated with her pregnancy is capped in some states, while it is completely prohibited in others. That said, you could be charged with a crime if you don’t adhere to your state’s legal requirements.
With the help of a legal attorney, you could easily bypass all these criticalities without violating any state laws related to the surrogacy journey in the USA.
LAWS ON TRADITIONAL SURROGACY
Although gestational surrogacy is the type of surrogacy that is most frequently used today, intended parents and surrogates may still choose to complete a traditional surrogacy. Talking about traditional surrogacy is a practice where the surrogate mother in the USA is artificially implanted with sperm derived from the intended father. So, we can say that she will be biologically connected with the child born via surrogacy. However, traditional surrogacy is prohibited in many states, so if you’re thinking about it, you should speak with a legal professional in the first place.
American Surrogacy only deals with gestational surrogacy cases, but the surrogacy specialists at a surrogacy agency in the USA can assist intended parents in looking into their options if they would need the services of an egg donor in the same procedure.
SURROGACY CONTRACTS AND THEIR EXECUTION
The legal enforceability of a surrogacy contract is another hotly debated topic during the surrogacy process in the USA. That said, some states in the USA do not permit this, which makes starting the surrogacy process there extremely risky for a surrogate or intended parent.
Besides, without legal enforceability, intended parents may find it more challenging to establish legal parenthood and even surrogate mothers in the USA may not receive the agreed-upon compensation and more. This is where finding a lawyer to complete your surrogacy agreement may be challenging if you are practising surrogacy via a surrogacy contract in a state that legally doesn’t permit its enforceability. Moreover, it’s also crucial to be aware that some states completely forbid surrogacy contracts, meaning that entering into one there could lead to legal trouble.
PRE-BIRTH ORDERS AND POST-BIRTH ORDERS
Parentage determination is one of the trickier aspects of the surrogacy journey in the USA. Moreover, the intended parents of a child born via surrogacy will need to take additional legal measures to protect their parental rights because some state laws presume that the surrogate mother is the child’s legal parent (along with her husband if she is married).
Moreover, some of these parentage orders can be finalized prior to birth, while others become effective only after the baby is born and still others require adoptions or other post-birth procedures. That said, the ability of intended parents to immediately add their names to the baby’s birth certificate will also depend on these surrogacy laws. Once more, the laws of the state will determine the legal parenthood of the born child.
Hence, we can say that it’s crucial to keep in mind that the state where the surrogate gives birth will determine the applicable laws when researching gestational surrogacy laws in the United States (if it is not the same as the state of origin of the intended parents). On the other hand, your surrogacy specialist and surrogacy attorney will ensure that, if you are an intended parent, you are familiar with the laws of the state where your surrogate resides.
Key traits of a legal professional
Now, as we know about the importance of a legal professional during the surrogacy journey in the USA, you must pick the best one for your specific case. In order to do so, always look for the following qualities in a legal attorney:
- The right experience in handling surrogacy cases while adhering to the local surrogacy laws
- Proven expertise in dealing with any disruption or legal challenge on your way to your surrogacy journey
- Capability to define the roles and responsibilities of the parties involved in surrogacy in the surrogacy contract
- Ability to defend the rights of the intended parents( or the surrogate ) in case of any unwanted dispute or issue
The role of a legal professional is quite imperative during a surrogacy procedure in not only the USA but any part of the globe. Still, you must stay cautious and well-aware while making the right selection in the same regard.