When Should You Hire Surrogacy Lawyers

Why do you need an attorney in the surrogacy process?

Surrogacy attorneys play a crucial role in handling financial compensation, parental rights, and a variety of other issues to anticipate for your journey.

Additionally, surrogacy lawyers ensure that the contract will follow all applicable state laws in the state the process takes place.

It doesn’t happen as much nowadays as it did when surrogacy arrangements were relatively new, but a specialized attorney is still necessary as the overall process is rather complex.

Additionally, there are a number of states where they are required by state law too.

Either way, the general idea is that bringing an attorney on board will protect everyone’s rights, including the unborn child’s.

Here’s what to know if you believe you might need a lawyer to give you peace of mind before you enter into a surrogacy arrangement.

What does a surrogacy attorney do?

A surrogacy attorney will draw up the legally binding contract between surrogates and intended parents in coordination with the surrogacy agency if you decide to take that route.

While it’s possible to make up a contract alone, but it’s absolutely not advisable. The risk is that you’ll omit vital requirements that may invalidate the entire agreement. The need to file pre-parentage orders before a court of law is a prime example of what can go wrong if you don’t consult with a lawyer first.

Without a doubt, the last thing anyone wants is for a custody battle to ruin the whole experience if parentage isn’t clear!

U.S. states are pretty straightforward regarding surrogacy, so the contract must be specific and complete to meet legal requirements. As such, these types of lawyers may charge a premium for their services if you opt for a private attorney aside from those who already work with your agency of choice.

Indeed, this “shortcut” to excellent legal representation is why people benefit from an agency’s involvement from the beginning.

Why might I need an attorney for my surrogacy journey?

Having a surrogacy attorney is vital as the surrogacy arrangement plans for all the different state nuances to consider.

Thankfully, an attorney can help explain the complex legalities behind family law because some of them aren’t apparent to those who are trying surrogacy for the first time. For instance, you might not know that California doesn’t require pre-birth orders to determine the child’s legal parents, while other definitely do or you may not know that other states bar compensated surrogacy altogether. This is essential when choosing a surrogate or starting to work with Intended Parents.

The legal stipulations vary from state to state, so a surrogacy lawyer will explain what you need to do to ensure the surrogacy contract is legal and binding.

How can I find a surrogacy lawyer if I need one?

It’s not too hard to find a lawyer who handles surrogacies as long as you reside in a state where surrogacy is legal. Some intended parents opt to retain their own lawyer, but as we touched upon briefly, the best surrogate agencies already work with law firms that specialize in this area.

A state may require separate lawyers for both parties to ensure no conflict of interest exists whatsoever, making the matter more complex. The idea is that neither the surrogate nor the intended parents can tilt the contract’s terms in their favor if a personal relationship already exists. It’s all about being fair and keeping the goal in mind: delivering a healthy baby for a couple who can’t conceive on their own for whatever reason.

If you’re not sure about the legalities in your state, our surrogacy agency team will happily point you in the right direction!

How much do surrogacy attorneys cost?

First and foremost, you need to ensure that the surrogate attorney you choose specializes in family law. Here is an example, but there are many others. You can check lawyers information by clicking on each state page or on our partners page. These types of attorneys aren’t exactly cheap, but the rates they charge are understandable given the circumstances.

State laws on surrogacy are straightforward, but some aren’t very comprehensive! There are gray areas to watch out for, such as when you want to use a surrogate from a country that has no surrogacy laws at all.

Furthermore, a surrogate’s representation will handle all legal legwork if you have to file paperwork with the state and appear in court as well. They’ll also set up the escrow services for the financial component or handle negotiations with the surrogate.

While prices vary from firm-to-firm, but as a rule of thumb, an experienced surrogacy attorney will cost between $5,000-$15,000. You can find more details about the legal cost here or by creating your free estimate.

Surrogacy lawyers have an intricate,  understanding of parentage and custody laws that determine whether the surrogacy contract is acceptable for all parties.