What You Should Know About Surrogacy Laws Before You Start The Journey?

What You Should Know About Surrogacy Laws Before You Start The Journey?

By – Rite Options

Surrogacy is an exciting journey for both intended parents and

Surrogacy

surrogates. After finding the surrogate, all they can think of is embryo transfer and pregnancy. But here’s when they should take a pause and consider the legal formalities related to surrogacy.

Surrogacy Law

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The legal process of surrogacy is quite complicated. Mainly because

there is no federal surrogacy law governing the US surrogates and intended parents. Surrogacy law varies from state to state. So, chances are you might end up living in a state within the US where surrogacy is banned.

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Hence, it is integral to understand the various laws

related to surrogacy in the US. ď‚Ą

What are the legal processes related to surrogacy?

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US surrogacy laws in a state.

Legal Processes of Surrogacy

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Before jumping into the medical procedures of surrogacy, you must understand the legal factors that can affect your journey.

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When it comes to the surrogacy law, you must be aware of the three basic legal processes related to this form of assistive reproduction – the surrogacy contract, pre-birth order, and post-birth legal procedures (adoption).

Surrogacy Contracts

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A contract mostly covers the legal issues related to finances and social requirements. The financial issues talk about the base compensation of the surrogate mother as well as the additional compensation for other surrogacy medical expenses.

Pre-birth Order

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The pre-birth order contains the order that establishes intended parents as the legal parents of the baby. It kind of expedites the post-birth order. To get the pre-

birth order ready, the attorney may require the signed affidavit by the physician confirming the transfer of the embryo into the surrogate mother’s uterus. It also requires documents signed by the surrogate’s family indicating that they will have no legal rights on the child once he or she is born.

Adoption and Post-birth Legal Formalities

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Both the parents have no biological link with the child; a full adoption is required to have a legal claim on the baby. Same-sex parents such as the gay or lesbian parents need a stepparent adoption document. In some states, unmarried same-sex couples pursuing surrogacy need to file a second parent adoption instead of stepparent adoption.

Outline of US Surrogacy Laws by State

As there is no federal surrogacy law governing the United States, each state has its framework for surrogacy. You may find some states that allow surrogacy, while some may not fully allow it. For example, in some states, surrogacy for gay couples or same-sex parents is not allowed.

Surrogacy Friendly States

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The surrogacy friendly states are usually liberal towards intended parents’ marital status and sexual orientation. They allow compensated as well as uncompensated surrogacy contracts. Again, traditional surrogacy laws vary from

state to state. In the same state, gestational surrogacy may be allowed while traditional surrogacy could be banned.

Between the surrogacy friendly and non-surrogacy friendly states, some

Surrogacy Friendly and Non-surrogacy Friendly States

states fall somewhere in between. Their surrogacy laws and clauses might differ from the states where surrogacy is allowed. This does not mean that you can’t pursue surrogacy in these states. You can, but the legal process may be more complicated than in surrogacy friendly states.

Surrogacy Law Impact Surrogacy Contracts

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Surrogacy law can deeply impact surrogacy contracts, surrogate compensation,

pre-birth

and

post-birth

legal

documentation,

gestational and traditional surrogacy, etc. Those who are pursuing international surrogacy should be more aware of these laws.

Thank You

Talk to your surrogacy professional now to know more about the surrogacy law of your country or state.

Get in touch with Rite Options.

Visit – www.riteoptions.com