FAQ for

Surrogacy

Our office can and will provide you with assistance in creating your family through various forms of Assisted Reproduction Technology (“ART”). We would be pleased to prepare, negotiate and review traditional and gestational surrogacy contracts, egg donation agreements, sperm donation agreements and even embryo donation contracts. Our representation of intended parents, surrogates, donors and recipients in these relationships is conducted in a manner which emphasizes the highest ethical standards of the legal profession. Upon your request, in the course of our professional relationship with you we will also provide you with referrals to medical, psychological and other related experts in the ART field.

What services do you provide for surrogacy cases?

Surrogacy is one of several options available to individuals who have been unable to conceive a child on their own. Our surrogacy related services are tailored to your circumstances and typically include the drafting and interpretation of contracts for surrogacy. Once your contracts are completed, you can count on us to properly and expeditiously institute all legal proceedings necessary for the creation and judicial establishment of parental rights and to administer the terms of the contracts accurately and promptly. We are happy to work with your physicians and counselors to provide the best possible legal service in your case. We will answer your calls and questions and keep you apprised of all legal developments including but not limited to copying you on all correspondence during the pendency of your surrogacy matter.

What is gestational surrogacy?

In gestational surrogacy the surrogate mother carries an embryo comprised of the egg of the biological (intended) mother and the sperm of the biological (intended) father. If the intended mother cannot provide healthy eggs for fertilization, an egg donor may be found to provide the genetic material (egg) for this process. If the intended mother can provide healthy eggs, but her mate cannot provide quality sperm, then a sperm donor may be found to provide the sperm. The embryo is implanted into the surrogate who carries the fetus to term. The best aspect of surrogacy is that in most instances, especially when one or both of the intended parents provides the genetic material used to create the embryo, the genetic and medical history of the baby born from that embryo is known to the intended parents. Because the surrogate has no genetic connection to the baby born of such a relationship, she has no legal right to the child.

What is traditional surrogacy?

In traditional surrogacy, the surrogate may provide her own egg and permit herself to be inseminated either with the sperm of the intended father or a sperm donor. The surrogate then carries the fetus to term and upon birth of the child, the intended mother (example: wife of the intended father) can petition to adopt the baby as a stepparent. The legal rights of the traditional surrogate to the child are terminated by Court order.

Is there any required screening?

All surrogates and egg donors who work with this office or who work with families represented with this office must be medically and psychologically screened to assure the highest quality and reliability of the surrogates and donors. Most surrogates with whom we have worked come to the desire to serve as surrogates out of a genuine desire to help people become parents. These women come from different financial and life experiences but are joined by the common desire to help others achieve their dreams of becoming parents and building their families.