Do I Need a Private Attorney If I Am Using a Program to Find a Surrogate?

find a surrogateSurrogacy is a complex journey. A successful surrogacy journey takes lots of preparation and may require months of work both before and after the pregnancy.

At each step, prospective parents are called upon to make key decisions and share in their child’s entire life story. The choices they must make will reverberate throughout the child’s early life, and many of those moments have major legal ramifications.

A surrogacy agency helps to simplify many aspects of the journey which might otherwise feel overwhelming. But even if you choose to use a surrogacy program, it’s crucial to have a private attorney.

Surrogacy is Simpler with The Right Surrogate Legal Services

Surrogacy is one of the most complex topics in family building law. Laws on surrogacy vary by state, and in some states, they are still in flux. First-time intended parents are protected by seeking out a surrogacy program, but these agencies cannot provide surrogate legal services to every client.

In fact, most surrogacy agencies expect clients to bring their own legal representation or they will refer them to an experienced ART attorney to assist with all the legal steps in surrogacy. The program may have recommendations and guidance on legal matters, but they cannot offer you specific advice on legal matters.

Using a surrogacy program provides some significant advantages:

  • A surrogacy program matches you with a surrogate based on the criteria you set
  • An agency coordinates effort between your medical team and your legal team
  • Agencies facilitate access to needed services, including emotional counseling

The services provided by a surrogacy agency represent hundreds of hours of work behind the scenes. This is ideal at a time when prospective parents are preparing for the arrival of a child, often their first. Surrogate legal services smooth the path further by doing what an agency can’t.

The Five Biggest Reasons Surrogate Legal Services Are a Must-Have

Surrogacy legal services help you bring your family together faster in five essential ways:1

1. You Can Make Informed Decisions

Understanding your options is vital when you are making any complex legal decision. Some states are more surrogacy-friendly than others. Cross-state surrogacies, in particular, can be very complicated. Surrogacy legal services ensure you are compliant with all laws and regulations.

2. Your Surrogacy Process is Protected

Your surrogacy legal services don’t just stop at keeping you in the know. Your attorney works to ensure all necessary paperwork is filed on time.

3.  You’ll Complete Your Surrogacy Contract

A surrogacy contract establishes the rights and responsibilities of the surrogate and the intended parents throughout the process. That ranges through the pregnancy and beyond. Your attorney protects you from risks and liabilities by ensuring the contract meets your needs.

4. Your Rights and Interests Will Be Safe

A trusting relationship with an intended surrogate is not enough to ensure your desires will be respected. That relationship is a strong foundation, but difficult questions can arise that may lead to friction later on. Your legal team equips you for all possibilities.

5.  You Can Establish Parental Rights Quickly

The legal rights of the intended parents must be established very soon after the child is born. The steps necessary to do this vary by state. By following the processes quickly and accurately, you can rest assured full parental rights are transferred to you.

Jennifer Fairfax is an experienced ART attorney ready to help you on your surrogate journey in Maryland, Washington D.C., and Virginia. We’ll work with you and your surrogacy agency every step of the way for a comfortable, predictable, and transparent process.

For compassionate help from an expert you can trust, contact us.

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“I believe in working with each of my clients—in support of their family dynamic—to make the dreams of parenthood a reality. Whether you are single or married; or gay; a step-parent, a surrogate or intended parent or a child of adoption, it is my mission to serve as your advocate. With a dedication to the ethical and sensitive nature of each situation, I will help you understand the laws within Maryland or Washington, DC for adoption or surrogacy, and pledge to be your partner throughout the journey.” - Jennifer Fairfax