Legal FAQs: The Surrogacy Process

If the “ins and outs” of the surrogacy process sound confusing to you, you’re certainly not alone. What’s the difference between gestational surrogacy and traditional surrogacy? Do surrogacy contracts protect both surrogate mothers and prospective parents? How are surrogates reimbursed for their services? What happens if one or more parties to a surrogacy contract wants to “back out” of the arrangement? Chances are good that many – if not, all – of these questions (and many, many more) are bouncing around your brain if you are new to the surrogacy process. Thankfully, experienced attorneys specializing in family formation law have answers to most – if not, all – of the questions you’re contemplating now and that will arise, should you choose to move forward with the surrogacy process. Here are a few of the most common questions that our team fields from prospective parents on a regular basis:

Are Surrogacy Laws the Same Across the U.S.?

Each state has its own laws concerning the surrogacy process. Therefore, it is important to speak with an attorney who is licensed in the state where you plan to draft your agreement. Some states do a better job than others of protecting the rights of both prospective parents and surrogates. Additionally, variations in state laws concerning surrogacy mean that the terms of any contract that you may enter will need to be adjusted accordingly. 

Who Has Parental Rights to a Child Born Via Surrogacy?

When surrogacy contracts are drafted and executed properly, only the prospective parents – not the surrogate – will have parental rights in re: any children born as a result of the family formation efforts governed by said contracts. 

Are Surrogates Compensated for their Services?

For a contract to be legally enforceable, all parties to that contract must have “consideration.” Meaning, that each party must be granted some benefit within the contract in exchange for whatever they are providing, giving up, etc. As a result, surrogates are – in nearly all cases – compensated for their services. Rates of compensation and conditions of compensation should be outlined clearly within the body of the contract in order to ensure that everyone affected understands the expectations of the arrangement. 

Legal Assistance Is Available

No two surrogacy journeys are exactly alike. Therefore, it is both normal and productive to have “a million” questions and concerns when contemplating the surrogacy process. Not all questions and concerns about this process can be met with concrete answers and solutions, simply because this process is somewhat different for all who experience it. However, most legal aspects of this process are fairly clear-cut. Therefore, if you have not yet scheduled a risk-free consultation with the trusted Nevada legal team at Contemporary Legal Solutions to discuss your legal questions and concerns, please do so now. It will be our privilege to provide you both with an objective analysis of your rights and options under the law and with any legal support that you may require as you start your surrogacy journey. We look forward to speaking with you.