Tips to Navigate Legal Clearance Quickly in Surrogacy
We’ve been having a lot of fun over here at Surrogacy Simplified because we have several Intended Parents who have completed legal clearance in what feels like record breaking time!
We aren’t suggesting that the legal component of surrogacy be rushed because it is one of the most important requirements of a surrogacy journey. The legal contract protects both the Intended Parents (IPs) and the Gestational Carrier (GC) and ensures everyone is on the same page regarding the really important issues (think parental rights, termination, transfer attempts, compensation, pregnancy restrictions, you name it).
Both the IPs and GC will have separate legal representation. At Surrogacy Simplified, we coach our IPs on a specific set of questions to ask the GC during the matching phase (more on that later). By the time you get to the legal component of the journey, there are absolutely no surprises between the IP and GC, allowing you to move quickly through this phase of the journey.
Three Tips to Help Move Through Legal Clearance Quickly
Have the “uncomfortable” discussions upfront; termination, number of transfers, IP involvement in medical decisions, compensation, pregnancy dietary or lifestyle restrictions. If you discuss these topics initially when matching with a GC, there won’t be as much countering during the legal phase because you’ve already ensured alignment.
Share with your attorney the timeline. For example, do you expect your GC to begin a menstrual cycle and need to start meds within three weeks? If so, we highly recommend that you share this with the attorney so they have a clear understanding of the timeline you are working with. There is a lot of backwards math in surrogacy; working backwards to ensure we can appropriately meet timelines.
Select an experienced attorney. At Surrogacy Simplified, we’ve cultivated an amazing network of trusted professionals in the industry. We’ll connect you with experienced attorneys who are familiar with the surrogacy process in their licensed state(s). Our recommendation is to select an attorney in the state in which the GC resides (the state where the baby will be born). There are some instances where an IP will elect to seek legal counsel in the state that the embryo transfer will take place; this is incredibly nuanced and varies based on the state. Pro tip: Each state has different laws surrounding surrogacy and 47 out of the 50 states are currently surrogacy friendly.
Although we cannot provide legal advice at Surrogacy Simplified, we can connect you with a trusted and vetted attorney to move forward on your surrogacy path.