Why you need a surrogacy attorney?

1. 🩺 The need for legal support for surrogacy
2. 🤰 Where can I find a good lawyer specializing in ART?

This is necessary so that all parties to the surrogate travel are confident that their rights are adequately protected. Comprehensive legal support is included in all packages of surrogacy from Feskov Human Reproductive Group. The legal team of the Center tells why it is really necessary.

The need for legal support for surrogacy

If the participants in the process can choose - to cooperate or not to cooperate with a specialized agency, then a lawyer, attorney or jurist is an integral part of a successful surrogacy. The laws on the use of assisted reproductive technologies, in particular surrogacy, vary greatly not only from country to country, but also from state to state, for example, in the United States. A procedure carried out without a lawyer can burden the parties with serious legal consequences.

Providing protection to both intended parents and surrogate mothers requires a wealth of experience as a lawyer. Professionals use various methods in their work to help surrogates and future parents effectively achieve their goals:

1. They will reveal the nuances of local surrogate laws and rules of procedure, explain the existing prospects. Due to the fact that some jurisdictions are more loyal to this method of ART, others are less, and still others generally prohibit it, the relevant legislation is strikingly different from each other. Each specific surrogate journey will depend on the surrogate mother - where she will be monitored and give birth, those laws must be adhered to. Therefore, before starting the procedure, you need to consult with a specialist about whether it is possible to continue activities legally. If there are significant restrictions or unique legislation in this regard, the lawyer will definitely inform and tell about the available prospects.
2. They will take care of the legal basis of the procedure. This means that they will not only tell about the local nuances of the relevant legislation, but will also ensure that the process proceeds in accordance with these laws. This includes completing all the necessary legal documents to protect the rights of the parties, monitoring the activities of doctors to make sure that they are acting in accordance with the legal standards of surrogacy, and much more. While an attorney is not as important to the process as an agency or clinic throughout the journey, he must be within reach to resolve any issues that arise.
3. They will draw up a surrogacy agreement and monitor the implementation of all its points. This is an important and essential part of legal services that must be performed prior to any medical action, including IVF. At the same time, surrogate mothers and intended parents should have different lawyers so that their rights and interests are independently protected to pass a fair surrogate path. Usually, the contract covers all stages of the process:

• the amount and payment of compensation to the surrogate;
• expectations and responsibilities of future parents and surrogate mothers;
• termination of the contract;
• sensitive topics such as selective disposal of the embryo, etc.;
• risks and force majeure and much more.

Only an experienced specialist in his field will be able to correctly identify all the necessary points, to clarify all aspects that a person may not even assume. Online option is not good. Only face-to-face presence and personal signatures of all parties certify the papers.

1. They will ensure the protection of rights and interests during the surrogate travel. Why is the participation of a lawyer so important during the execution of the contract and in general during the action? The experience of an attorney is required to clarify the hidden risks of this complex procedure, which the intended parents or surrogates may overlook. Especially if this is their first time. For example, with an independent type of procedure, the parties may not see the need for cooperation with a lawyer, since the relationship with the intended parents or moms has already developed trusting and warm. Nevertheless, the lawyer is able to anticipate all the complications and obligations that the parties cannot imagine if something does not go according to plan. It can be argued that the likelihood of difficulties is quite small, but it is still important to protect your rights in these cases. And a trusted lawyer is a person who can competently describe these risks. Regardless of the existing relationship between the participants in the action, a professional will take care of the protection of rights and compliance with obligations, including the delicate issues mentioned above. Neither prospective parents nor moms must have these awkward and stressful conversations alone.
2. They will issue parental rights for the child as early as possible. Another critical reason for the need to work with a lawyer is to protect the rights of intended parents immediately after the birth of a baby. Since the laws in different countries and states are different, then different steps must be taken to resolve the issue of legal parenting. And the lawyer is aware of these moments. Despite the fact that, in most cases, a surrogate does not have a genetic link to a gestated baby, without certain legal procedures, she may have rights to him. Or the intended parents used donor genetic material (egg, sperm) or a ready-made embryo, and do not receive automatic parental rights after the birth of the child. To protect the rights of both parents and newborns, an experienced lawyer knows exactly how to arrange everything properly.

There are many pitfalls along the challenging yet inspiring journey called surrogate travel. And the help of a qualified lawyer is irreplaceable here.

Where can I find a good lawyer specializing in ART?

As you can see, regardless of belonging to one of the parties to the process, an attorney in these matters is needed like air. Usually, serious agencies have their own lawyers, or consultants will advise who you can work with in independent law firms. The main thing is for a person to specialize precisely in matters of surrogate motherhood. Better yet, he should have more positive experience in conducting the surrogate process.

Surrogate programs at Feskov Human Reproductive Group automatically imply case management by experienced lawyers of the Center who specialize in international standards for this method of reproduction. However, if patients want to invite their specialist, then welcome aboard!

Authors, contributors:

Olga Cherdak
Lawyer on Reproductive Rights and Policies in the Reproductive Area

published: 10 January 2022
updated   : 03 March 2023

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