When discussing surrogacy, many organizations show happy families. And while that’s the ultimate goal and the whole reason behind surrogacy, there’s another truth about the complexity of the process, and that’s the legalities.
Navigating the legal complexities of surrogacy law can be challenging, especially since the average surrogate and intended parents have minimal legal understanding or background. But with the right partner, such as the surrogate agency Accel Conceptions, you won’t have to worry about the legalities because they’ll be handled for you.
Just the same, it’s wise to go into the process knowing what to expect and what legalities to consider. This will help inform your answers during the initial consultation and screening process to ensure a good surrogate and intended parent pairing and a smooth process. Here’s a look at surrogacy law and what you need to know about it.
Why Surrogacy Law Matters
Surrogacy is not just a medical agreement. It’s a legal contract between two parties – the surrogate and intended parents – that has long-term implications. If handled incorrectly, the surrogate could unknowingly become the parent to the child she believed she was carrying for someone else. And the intended parents could waive their rights.
Here’s a look at why surrogacy law matters to all parties involved.
- Ensures intended parents have proper rights
- Protects the surrogate from being legally responsible for the child
- Gets all parties on the same page about their rights and responsibilities
- Establishes parentage clearly and securely to protect the child at birth
Good legal planning offers everyone peace of mind and allows the intended parents to relax more and enjoy the process.
Surrogacy Laws Are Set at the State Level
The largest complicating factor of surrogacy law is that it is set at the state level. That means that there is no uniform law around surrogacy. Each state has the right to support or regulate surrogacy as it deems fit. That means that in some states, there is a clear legal path for intended parents. In other states, surrogacy is forbidden. Then there are grey states that fall somewhere between endorsing surrogacy and outlawing it.
Accel Conceptions is located in California, one of the most friendly states in the U.S. when it comes to surrogacy laws. This makes a clear path forward for parents to ensure a legal, ethical journey toward parenthood.
Review the complete list of surrogacy laws by state in our comprehensive guide. If you live in a state that is restrictive, consider a visit to California and the skilled team at Accel Conceptions.
Elements of Surrogacy Legal Agreements
As you get into the surrogacy process, you’ll start being exposed to legal terminology you might not be familiar with. Spend some time getting to know the various facets of your surrogacy journey by reviewing these key elements you’ll encounter.
1. Surrogacy Contract
Before any medical procedures take place, you should have a clear surrogacy agreement that is a legally binding contract between the intended parents and the surrogate. The contract should detail the following aspects of the arrangement.
- Surrogate compensation
- Reimbursements for the surrogate
- Parental rights and responsibilities
- Health and lifestyle requirements for the surrogate during pregnancy
- Protocols for medical decision making
- Delivery and post-birth arrangements
- Terms in the case of a complication, a pregnancy involving multiples, or emergencies
2. Legal Parentage
From the moment that the surrogate confirms pregnancy, the legal process of securing parental rights for the intended parents begins. Based on the state and how friendly it is toward surrogacy, that will involve either a pre-birth order or a post-birth adoption or a custody process. In California, the law allows for a pre-birth order, which enables the parents to become the legal guardians of the child from birth.
Our team works with knowledgeable legal professionals to make the process clear and straightforward, enabling intended parents to begin bonding with the baby immediately without the concerns of the legalities.
International Surrogacy Considerations
If you’re reading this from outside the U.S., know that you have options for welcoming a child. International parents can welcome a child via surrogacy. However, the legalities are a little more complex as you’ll have to work through the following.
- The child’s citizenship
- Travel documentation
- Parental rights recognition in your home country
The Accel Conceptions team has experience with international surrogacy and stands ready to answer your questions and draft legal agreements that will ensure parental rights from birth.
What You Can Expect from Accel Conceptions
Accel Conceptions is comprised of a team of experienced professionals ready to make your surrogacy journey stress-free. We have a team of legal experts ready to provide you with:
- Trusted surrogacy attorneys
- Clear guidance through various legal milestones
- An explanation of your rights and responsibilities
- Support navigating interstate or international law
- Ongoing communication with our legal team for your peace of mind
While surrogacy law is complex, it doesn’t have to be intimidating. With the right surrogacy agency, you’ll have an advocate in your corner handling all the tiny details. This enables you to slow down and enjoy the process of becoming a parent. Contact Accel Conceptions now with your questions or to schedule a consultation to get started.