Good Fences And Not So Good Neighbors: Property Law 101

Considering A Surrogate To Have A Child: Here's What Couples Should Know

10 November 2014 by Hunter Moore

Advances in science have come a long way and continue to evolve, giving childless couples another option: using a surrogate. While using a surrogate is a good option for couples unable to conceive and same-sex couples, there are laws that define the rights of those involved, and you need to understand the legalities before proceeding with this option:

What Is A Surrogate, Exactly?

When a couple is unable to conceive or carry a child to term, or a same sex couple would like to have a child, a surrogate may be the answer. Surrogates are females who are artificially inseminated with the husband's sperm to conceive a child.

A surrogate may also be impregnated using in vitro fertilization, which means a woman can donate an egg and it is fertilized in vitro and implanted into the surrogate. For lesbian couples, one partner can donate an egg, but they must choose a donor for the sperm or obtain it from a sperm bank. 

The surrogate carries the baby to term, delivers the child, and then turns it over to the parents. It is important to choose surrogate who you believe will not change her mind later, which can lead to legal battles. 

What Are The Legalities?

If surrogate parenting is legal in your state, you must find out about laws governing the relationship between you and the surrogate mother. Some states may forbid you to pay a surrogate because the exchange of money is seen as selling a baby. However, you can pay for doctor bills and other necessities. 

Brokers are available in some states to help with the surrogate process; however, if the broker's only job is locating surrogate mothers, the law may see that person as a baby seller. If a broker is selling babies, he or she can be prosecuted. 

To ensure you are following the laws for your state for surrogate parenting, hire a lawyer who is familiar with the process and laws for your area. This not only protects you legally, but also protects your legal right to the child. Never rely on paperwork provided by a sperm bank, broker, or even the surrogate herself. Always have a lawyer create all legal documents. 

An airtight contract is important. It should include that the surrogate waives all rights to the child to prevent her from changing her mind once the baby is born. 

Before beginning the surrogate process, you should discuss legalities with someone experienced in family law. He or she can protect you legally during the process, so you can avoid custody or visitation battles in the future. To learn more, contact a company such as Law Office Of Ernest A Buche Jr with your questions and concerns.

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