Ins and Outs of the Surrogacy Law and Agreements

Ins and Outs of the Surrogacy Law and Agreements

Not too long ago, the idea of surrogacy or carrying a pregnancy to term for somebody else sounded like a high science fiction concept. Thanks to modern technology, however, it is more of a practical reality now more than anything else.

Over the years, the process has been refined to further ensure the health and safety of the surrogates. Corollary to this, legal issues have also been clarified with laws and guidelines to avoid any complications arising from this unique set up.

With the number of happy families enjoying a successful surrogacy process, however, there is no doubt that for them, the experience of finally building their dream family is priceless.

Here are some important points you need to factor in when thinking about choosing surrogacy as a method to have a child.

What is Surrogacy

Surrogacy is a reproductive process carried out with medical methods. There are actually two types of surrogacy: traditional and gestational.

In traditional surrogacy, the surrogate mother involved is the child’s biological mother. She gets artificially inseminated with the sperm of the biological father or a donor. What’s important in this process is that the biological link is retained with one or both parents, and that the biological mother is the one carrying the pregnancy to term.

On the other hand, gestational surrogacy involves a third party who acts as the carrier of the pregnancy. In this case, the surrogate goes through in vitro fertilization (IVF) with either the egg or sperm from the parents or from donors. There is no biological link between the gestational carrier and the child. Their sole connection and responsibility is to ensure that the pregnancy is safely carried to term, upon which the child will be handed over to the rearing parents.

In both these cases, reproductive issues in one or both parents play a huge role in why they opted for surrogacy. It is also highly possible that the aspiring parent is single but would still love to have their own child, regardless if there is a partner present in their life.

It has also become common for same-sex couples to choose surrogacy instead of adopting, so they can still keep at least one biological link to the child.

If this all sounds legally complex, that’s because it actually is. That’s why it’s in the best interest of all parties involved to refer to a Midwest Surrogacy Lawyer before going ahead with the process.

What are the agreements for and what they cover

Before any part of the surrogacy process begins, it is crucial to clearly define the terms and conditions of the agreement. A Midwest Fertility Attorney should be able to outline what the important points are, as well as provide help in addressing the fine print.

Typically, however, you can expect to find- details on requirements, payments and financial support throughout the pregnancy, parental rights, medical instructions, and dispute resolution in surrogacy agreements.

Because there is such a wide coverage of concerns, it is highly recommended for the parties involved to first get in touch with Midwest Surrogacy Law Attorneys. To go ahead with an agreement without getting legal counsel is nothing short of reckless and irresponsible.

The goal, ultimately, is to have a successful pregnancy so that the child can be delivered safely. Making the process as smooth and stress-free as possible, therefore, is a crucial element. So before you do anything else, reach out to a trusted Midwest Fertility Law Group first.

Surrogate Rights and Responsibilities

Gestational surrogates have rights as much as they have responsibilities, the primary one being the safe pregnancy and delivery of the baby.

At the same time, the surrogate has the right to make decisions that would ensure her own health and safety. This is why they have the right to select the parents they would want to surrogate for. She will also have the right to choose her own doctors, and with it, all other decisions pertaining to health care, including throughout the pregnancy, as well as birth.

Ideally, however, this is something that can be done in coordination with the rearing parents. Where there may be disagreements or queries that need clarification, getting advice from Midwest ART lawyers (artificial reproduction technology) can offer great relief.

Let Attorneys Help

A Midwest Fertility Law Firm such as Midwest Fertility Law Group can help iron out the fine details of the surrogacy agreement. Roles, rights, and responsibilities will be clearly defined, enabling a smoother surrogacy process.

Whether you’re thinking about getting a surrogate or becoming one, ART lawyers are the authority you need to understand the legalities covering the entire process.