What to Expect Post-Birth in a Surrogacy Arrangement?

pregnancy-g7b8ffa2e1_1920A surrogacy arrangement describes any legal arrangement where a surrogate mother carries a pregnancy on behalf of an intended parent or parents. Surrogacy can take many different forms.

No matter how the pregnancy begins, the role of the surrogate mother is to carry the baby to term. The parents are often closely involved in the life of the surrogate throughout. Likewise, the parents generally take on responsibility for all of the surrogate’s medical bills related to the pregnancy.

The surrogate, in turn, may agree to particular restrictions, such as avoiding certain foods or activities for the duration of the pregnancy. It is in everyone’s best interests for the surrogate to get the best of pre-natal care. A happy, healthy baby is the result. But what happens then?

Let’s take a closer look.

What Happens Immediately After Birth in a Surrogacy Arrangement

The intended parents may or may not be biologically related to the newborn child, but it is understood that he or she is a new member of the family. To make this official, it is usually necessary to sign off on the parentage documents either before or after the birth as directed by your attorney.

Executing the parentage documents ensures that hospital staff are empowered to help the parents. For example, it means the parents are entitled to time with the newborn and arrangements will be made to meet that need and for the baby to be discharged to their care.

Often all required court hearings are already taken care of if it was handled pre-birth, and there is little to no chance of any paperwork issues. For post-birth cases, it can take a few weeks for all the paperwork to be processed.

Your ART attorney is one of your biggest allies at this stage. The attorney continues to monitor the status of the arrangement and other paperwork while you focus on spending time with your new family member.

The Surrogacy Agreement Helps Everyone Know Where They Stand

Before the pregnancy begins, the intended parents and the surrogate will sign an agreement that states exactly what the expectations are on both sides. This is typically the last step in choosing a surrogate, as the agreement begins the legal relationship needed.

The surrogacy agreement spells out the requirements each party must abide by, including what happens following the birth. Since the parents and the surrogate must all sign, there is little room for misinterpretation later.

Surrogate mothers might have no further part in the child’s life after the birth. Or they may be allowed some form of updates or contact. Even if contact is not agreed to, it’s important to decide whether the child will ever be told about the surrogacy agreement later on in life.

Having a clear and comprehensive surrogacy agreement early on enables you to maintain a strong relationship with your surrogate. It’s crucial not to leave any aspect to chance. Oral agreements will rarely help in court. Surrogacy contracts usually go through several rounds of input from both sides.

Our Law Offices Can Help You Craft the Best Surrogacy Agreement for Your Family

Helping thousands of happy families in Maryland, Virginia, and the District of Columbia, the attorneys at Jennifer Fairfax, LLC are experienced adoption and ART attorneys who cares about your success. To discover more about the surrogacy process, contact us today for a free consultation.

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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

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