How Does the Law Protect Parents Who Choose Surrogacy?

The idea of entering into a surrogacy contract can be both exciting and unnerving. Just as it takes a great deal of courage and compassion to become a surrogate, it takes a great deal of courage and compassion to become an “intended parent” within the surrogacy process. One of the most challenging aspects of family formation via surrogacy is – at the start of the process – being unsure of exactly what your rights as an intended parent are. After all, it is difficult to set one’s expectations and to process one’s experience when unanswered questions serve as a nagging reminder of one’s uncertainties. Rest assured that when you schedule a risk-free consultation with our reputable firm, we’ll answer any questions that you may have while clarifying your rights and options. That way, you’ll be empowered to make whatever informed decision is best for you and your family moving forward. 

Surrogacy Contracts and the Law

The area of the law that governs family formation efforts via surrogacy is contract law. Meaning, that the same kinds of rules that apply to other contracts generally apply to surrogacy contracts. As a result, when a surrogacy contract is properly drafted and legally enforceable, you can trust that its terms will protect your rights as an intended parent. 

First and foremost, surrogacy contracts articulate the expectation that you – and your spouse or romantic partner, if applicable – will have legal parental rights to any child born of the surrogacy process. Similarly, unless you wish that they should have such rights, the contract will articulate that the surrogate will not have any parental rights to any child born of this process.

Secondarily, the terms of this contract will protect your interests in other ways. For example, you may be concerned that your surrogate will demand more money than you agreed upon or will not take care of her physical health during a pregnancy. The terms of your contract will set limits, expectations, and specify how violations of those limits and expectations will be remedied. 

Legal Assistance Is Available

Opting to engage in family formation via the surrogacy process can be an intimidating prospect. It is, therefore, important to understand all of your rights and options under the law before committing to a specific plan of action. Whether you are ready to begin your surrogacy journey or you are still contemplating whether this approach to family formation is the right one for you and your circumstances, please consider scheduling a risk-free consultation with the experienced Nevada legal team at Contemporary Legal Solutions. Once we learn about your circumstances, goals, concerns, and priorities, we will be able to provide you with an objective analysis of both your rights and your legal options. 

Entering into parenthood via surrogacy can be simultaneously joyous, nerve-racking, frustrating, overwhelming, and confusing. Empowering yourself by seeking experienced guidance concerning your legal rights and options can help to mitigate the stresses traditionally associated with this process. We look forward to speaking with you about your situation and to providing any legal support that you may require as you move forward.