My Brother is a Divorce Lawyer. Can’t He Draw Up My Surrogacy Contract?
We hear some mad-lib version of this question every week! My brother/cousin/neighbor/friend is a divorce/real estate/family law/employment attorney…Why can’t they represent me in my surrogacy arrangement? The surrogacy process is very expensive, so we get it! It definitely makes sense to ask for the “family and friends” discount on legal services if you can. Sadly, it’s just not a good idea for surrogacy arrangements! Just like you wouldn’t ask a brain surgeon to operate on your heart, different parts of the law are very different as well.
Surrogacy laws vary from State to State
Surrogacy isn’t a one size fits all endeavor. Each State has different laws and requirements (or in some cases no laws!) necessary in order to create a legal surrogacy agreement. In some states the differences can even vary depending on county, too. It’s vitally important to enlist the assistance of a professional that is well-versed in the laws where a gestational carrier is going to give birth. This is to protect your ability to obtain parentage of your child.
ART and fertility laws are continually changing
ART (Assisted Reproductive Technology) law and surrogacy is a relatively new area of law compared to many others and things can move fast. You have to remember that the first surrogacy baby was barely born 40 years ago! Laws can be quickly evolving. Case law can be equally important in surrogacy, so having someone familiar with the field can be helpful to make certain you are abreast of the most recent information out there.
They will help create an enforceable agreement
While everyone wants to think that their relationship with their surrogate will be perfect, and many are, in the event that it’s not all parties will want to have an enforceable agreement. Experienced ART attorneys are who make that happen.
Professional experience
An experienced ART attorney will know how to advocate for everyone’s rights on both sides of the contract. Don’t forget that each side needs to have their own attorney that practices in this area of law! They will assist in establishing parentage for the Intended Parents as early as possible.
This is such an important part of utilizing an attorney that is an expert in this area of law. It would be a catastrophe to go through the entire pregnancy and not be allowed parentage of your child! [Equally to the surrogate it would be disastrous to her to have to take on parentage – remember that she is done growing her own family and wasn’t planning to take a baby home!]
While we are certain that your brother/cousin/neighbor/friend is an amazingly talented attorney there is just too much at stake in the surrogacy process to trust anyone that isn’t experienced in this specific area of law.
Do you have general questions about the legal aspect of the surrogacy process and why this is so important? Schedule a free consultation appointment with our team!