Legal Considerations for Prospective Parents Considering Surrogacy

The surrogacy process allows for prospective parents to engage in family formation with the assistance of, at minimum, a surrogate mother who carries the child of the prospective parents – most often after an embryo transfer has taken place. Once the child is born, the prospective parents assume their full parental rights with regard to that child. If you are considering family formation via surrogacy, it is important to understand that this arrangement is both a “social” one and a “legal” one. Meaning, that you and your surrogate will each have significant control over the social aspects of your arrangement, but in order for that arrangement to be both legal and legally enforceable, certain standards and contract protocols will need to be strictly observed. 

The Law Protects Prospective Parents and Surrogates Alike 

Both your interests and the interests of any surrogate with whom you may choose to work with will be protected via a surrogacy contract. Just as it is with any legally enforceable contract, the expectations of your arrangement will be articulated within the contract’s terms. If either you or your surrogate violate these terms, you will be able to seek a legally-enforceable remedy for that breach. Essentially, once your surrogacy contract is finalized and signed, you’ll be able to breathe much easier, knowing that everyone’s rights have been protected and everyone knows what to expect from the process. 

Surrogacy Laws Vary by State

Whether you live in Nevada or New Jersey, your state’s laws will dictate how your surrogacy contract must be constructed, what terms it may/must contain, and how it may be enforced. As a result, you’ll want to speak with our firm as soon as you can about your state’s surrogacy laws so that you know what you can expect from your arrangement. 

Parental Rights 

Per the terms of your contract, you – as the intended parent(s) of any children born as a result of your arrangement – will have parental rights over those children. Unless you choose to specify otherwise, your surrogate will have no parental rights over those children. 

Legal Assistance Is Available

If you are considering family formation via surrogacy, schedule a risk-free consultation with the experienced Nevada legal team at Contemporary Legal Solutions today to learn about your rights and options under the law. As surrogacy regulations vary from jurisdiction to jurisdiction, it is important to avoid making any assumptions about your unique situation until our trusted legal team has evaluated your particular circumstances. Once you have asked any questions that you may have and have voiced your concerns, our team will provide you with an objective analysis of both your rights and your options. You can then make whatever informed decisions are right for you and your family accordingly. 

Know that you will never be pressured by our team to make any particular decision. It is our privilege to educate prospective parents about their rights and options and to provide them with necessary support if/when they choose to move forward with surrogacy – when you meet with our firm, both you and your situation will be treated with the utmost respect. We look forward to speaking with you.