Understanding Surrogate Law
Whether you are a woman who wants to become a surrogate mother or parents who want to use a surrogate to have a baby, it is important to have a basic grasp on surrogate law. Laws differ by state, there is no one set of policies governing surrogacy. This is why it is important to do your own research on this topic, based on your state. Also, a consultation with a local attorney who handles surrogacy family law is highly recommended. They can help you understand more about the rules and regulations.
There are many questions you will need answered in regards to surrogacy and the various rules attached to it. For example, you may wonder if the birth mother can change her mind and decide to keep the baby. Or if the birth mother is allowed any contact with the child after he or she is born. These are two very important issues addressed by state law. As mentioned before, laws on surrogate parenting differ from state to state. Many people prefer an anonymous approach where the parents and the surrogate have no contact, which is another legal area of surrogate parenting you may want to learn more about.
You can get a basic idea of your state's surrogacy laws by doing an online search. Also, if you sign with an agency who will serve as a go-between they will likely handle all the legal matters for you. If you are going it alone, without an agency, you will need a family law attorney with experience in surrogacy whether you understand the law or not because they will need to create a legally binding contract to protect all parties involved, including the unborn child.
Before researching too much on surrogate law, it helps to understand the two types of surrogate parenting. Traditional surrogacy is where a sperm donor is used to impregnate the egg of the surrogate. This means the baby shares genetic material with the surrogate and there may be laws on the surrogate's rights to the child or whether or not she can change her mind. Gestational surrogacy is the most popular method these days because the surrogate shares no genetic material with the embryo, created through in-vitro fertilization or IVF. Even with gestational surrogacy there are regulations and the necessity of an ironclad contract.
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