LEGAL OVERVIEW

Let’s review the legal process

Surrogacy involves two important legal steps—the contract and the pre-birth
parenting order. Both are explained here.

The contract

The legal contract is an agreement that you, as the surrogate, have with the intended parent(s). The purpose of the contract is to protect the rights of all parties.

For the surrogate, this contract provides financial protection from the medical costs and other costs incurred during pregnant and delivery. We ensure proper execution of the contract.

Legal surrogacy contracts include the following provisions:

– Compensation plan for the surrogate
– Financial responsibilities of the intended parents
– Parental rights and obligations
– Expectations for ongoing contact, lifestyle and birth
– Plans that everyone has agreed to in case something goes wrong

The PBO

The pre-birth parenting order (PBO) is a legal petition prepared by the attorney for the intended parents when the pregnancy is between 12 and 20 weeks gestation. The purpose of the PBO is to secure parental rights for the intended parents. It is a legal document that you review and sign. You receive a certified copy that goes with you to the hospital. A copy of the PBO is also submitted with the birth certification application.

Understanding Surrogacy Contracts

Surrogacy contracts are essential legal documents that outline the rights and responsibilities of all parties involved in the surrogacy process. These contracts not only protect the interests of the surrogate but also ensure that the intended parents understand their obligations and the nature of the arrangement.

Key elements of surrogacy contracts include the compensation structure for the surrogate, the financial responsibilities of the intended parents, and the agreed-upon expectations regarding contact during and after the pregnancy. By having a clear and comprehensive contract, both parties can minimize misunderstandings and ensure a smoother surrogacy journey.

The Importance of Pre-Birth Parenting Orders

The pre-birth parenting order (PBO) is a crucial legal step in the surrogacy process, as it establishes the intended parents' legal rights before the child is born. This order is typically filed between 12 and 20 weeks of gestation and is essential for ensuring that the intended parents are recognized as the legal parents from the moment of birth.

Obtaining a PBO involves filing a legal petition through an attorney, who will guide the intended parents through the necessary steps and paperwork. This legal framework not only provides peace of mind to the intended parents but also ensures that the surrogate’s rights are respected throughout the process.

Legal Rights of Surrogates

Surrogates have specific legal rights that must be understood and respected throughout the surrogacy journey. These rights include the right to medical care, the right to make decisions regarding their health during pregnancy, and the right to receive agreed-upon compensation for their services.

It is vital for surrogates to be fully informed about their legal rights and to have access to legal counsel throughout the surrogacy process. This ensures that they can advocate for themselves and make informed decisions regarding their involvement in the surrogacy arrangement.

Common Questions About Surrogacy Legalities

Many prospective surrogates and intended parents have questions regarding the legal aspects of surrogacy. Common inquiries include concerns about the enforceability of surrogacy contracts, the implications of different state laws, and how parental rights are established.

Addressing these questions is crucial for both parties to feel confident and secure in their roles. Legal experts specializing in surrogacy can provide valuable insights and guidance, helping to clarify any uncertainties and ensuring that all legal requirements are met for a successful surrogacy arrangement.