Gestational Surrogates

Legal Considerations

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Gestational Surrogate Legal Considerations

Making the decision to be a gestational surrogate to help a family realize their dreams of becoming parents is a special and unique way to help others!  Good legal agreements ensure that those dreams do not turn into nightmares. 

There are many reasons that a legal agreement is essential and necessary for surrogacy arrangements.  To best understand the purpose of the legal agreement, here are a few important points to consider:

  1. There is no national law in the United States regarding surrogacy.
  2. Few states have surrogacy laws in place. Most states have established procedural frameworks that allow for family building through surrogacy, including Kansas and Missouri.
  3. Assisted Reproductive Technology (ART) Law is a highly specialized area of law.  It is imperative to work with an attorney with knowledge and experience with surrogacy contracts.
  4. Surrogates must be represented by a separate attorney.
  5. Legal services are needed to secure parental rights for intended parents after the birth of a child.

There are many other important points to consider. There are many steps in the legal process as family building through surrogacy is very complex.  Working with professionals, ESPECIALLY attorneys, that have knowledge and experience in the area of surrogacy is essential to help protect the rights of all parties, and clearly, outline expectations and obligations.

Contact us today for more information on gestational surrogate legal considerations!