Do Intended Parents Need an Attorney for Surrogacy?

by | Apr 30, 2022 | Fertility Law, Gestational Surrogacy

While unfortunate, it has become a common fact that one is seven couples struggle with infertility. Mr. Rodriguez-Albizu understands the difficulties intended parents face in attempting to start their own families, having battled infertility issues for years previously with his wife. Every emotion, every high, every low, we understand them all.

What is Gestational Surrogacy?

Surrogacy is an arrangement where a woman (the gestational carrier often referred to as the surrogate) agrees to bear a child for another person or persons who will become the child’s parent(s) after birth. It is important to note that the gestational carrier is not genetically related to the child. The intended parents will have an IVF cycle providing their own eggs and sperm to create viable embryos to transfer to the gestational carrier. In some instances, donor eggs and/or sperm can be used to transfer to the surrogate as well.

What is the Gestational Surrogacy Process?

The following process is for the intended parents, the process for the gestational carrier will be slightly different:

  1. Determine that gestational surrogacy is right for you and your spouse/partner.
  2. Reach out to a fertility consultant or agency, they will assist you throughout the entire process.
  3. Complete an application with your chosen fertility consultant or agency.
  4. Have a virtual meeting between the gestational carrier match, your fertility consultant and yourselves. At this point you can decide to move forward with that match or look for additional candidates.
  5. Once a match is selected, the gestational carrier begins medical screenings at your IVF clinic.
  6. Legal contracts will be drafted, that is where our experience comes into play to ensure you and your spouse/partner are protected.
  7. At or around 24 weeks gestation a petition is filed with the local court to obtain a pre-birth order. The pre-birth order confirms (a) the gestational surrogacy agreement is valid and enforceable under Florida law; (b) you and your spouse/partner are the “parents” of the unborn child carried by the surrogate; (c) all medical personnel providing medical for the child should obtain consent for such case from you once the child is born and not from the surrogate; and (d) authorizing the hospital to discharge the child to you once the child is ready to go home from the hospital.
  8. Once the baby is born, a final petition is filed with the court to obtain a final order affirming parental status wherein the court declares you and your spouse/partner the legal parents of the baby and directs birth certificates to be issued with you and your spouse listed as the parents of the child.

Do Intended Parents Need an Attorney?

Given the emotional and complex nature of surrogacy, it is critically important to ha legal representation. To begin with the fertility clinic will require a legal clearance letter from an attorney confirming that a Gestational Surrogacy Agreement (GSA) has been signed between you and chosen surrogate prior to performing an embryo transfer.  And, as stated above, petitions are filed with the court to finalize the surrogacy process once the child is born.  We understand better than anyone, that you are so focused on becoming parents that the legal steps can often get overlooked. With so many unknowns and things to worry about, let us worry handle ensuring you are legally protected.

There are specific legal requirements for Florida surrogacy arrangements that allow for a surrogate mother to carry a baby on behalf of the intended parents. The GSA is drafted by the intended parents’ fertility attorney. Once approved by all parties, the GSA must be signed and notarized. Additionally, our fertility attorneys will assist with affidavits, medial record releases and healthcare directives to authorize the intended parents to receive medical information throughout the pregnancy.  Once the child is born, our attorneys will return to court in order to amend the birth record to reflect the intended parents as the legal parents of the child and obtain birth certificates accordingly.

We know from personal experience how complex and confusing this process can be. We understand the emotions that go along with this journey. Learn what our firm can do to provide custom legal strategies to ensure you are protected and cared for. Our team is here to guide you and will be there for you every step in your journey to becoming parents.

Parents Need an Attorney for Surrogacy?

While unfortunate, it has become a common fact that one is seven couples struggle with infertility. Mr. Rodriguez-Albizu understands the difficulties intended parents face in attempting to start their own families, having battled infertility issues for years previously with his wife. Every emotion, every high, every low, we understand them all.

What is Gestational Surrogacy?

Surrogacy is an arrangement where a woman (the gestational carrier often referred to as the surrogate) agrees to bear a child for another person or persons who will become the child’s parent(s) after birth. It is important to note that the gestational carrier is not genetically related to the child. The intended parents will have an IVF cycle providing their own eggs and sperm to create viable embryos to transfer to the gestational carrier. In some instances, donor eggs and/or sperm can be used to transfer to the surrogate as well.

What is the Gestational Surrogacy Process?

The following process is for the intended parents, the process for the gestational carrier will be slightly different:

  1. Determine that gestational surrogacy is right for you and your spouse/partner.
  2. Reach out to a fertility consultant or agency, they will assist you throughout the entire process.
  3. Complete an application with your chosen fertility consultant or agency.
  4. Have a virtual meeting between the gestational carrier match, your fertility consultant and yourselves. At this point you can decide to move forward with that match or look for additional candidates.
  5. Once a match is selected, the gestational carrier begins medical screenings at your IVF clinic.
  6. Legal contracts will be drafted, that is where our experience comes into play to ensure you and your spouse/partner are protected.
  7. At or around 24 weeks gestation a petition is filed with the local court to obtain a pre-birth order. The pre-birth order confirms (a) the gestational surrogacy agreement is valid and enforceable under Florida law; (b) you and your spouse/partner are the “parents” of the unborn child carried by the surrogate; (c) all medical personnel providing medical for the child should obtain consent for such case from you once the child is born and not from the surrogate; and (d) authorizing the hospital to discharge the child to you once the child is ready to go home from the hospital.
  8. Once the baby is born, a final petition is filed with the court to obtain a final order affirming parental status wherein the court declares you and your spouse/partner the legal parents of the baby and directs birth certificates to be issued with you and your spouse listed as the parents of the child.

Do Intended Parents Need an Attorney?

Given the emotional and complex nature of surrogacy, it is critically important to have legal representation. To begin with the fertility clinic will require a legal clearance letter from an attorney confirming that a Gestational Surrogacy Agreement (GSA) has been signed between you and chosen surrogate prior to performing an embryo transfer.  And, as stated above, petitions are filed with the court to finalize the surrogacy process once the child is born.  We understand better than anyone, that you are so focused on becoming parents that the legal steps can often get overlooked. With so many unknowns and things to worry about, let us worry handle ensuring you are legally protected.

There are specific legal requirements for Florida surrogacy arrangements that allow for a surrogate mother to carry a baby on behalf of the intended parents. The GSA is drafted by the intended parents’ fertility attorney. Once approved by all parties, the GSA must be signed and notarized. Additionally, our fertility attorneys will assist with affidavits, medial record releases and healthcare directives to authorize the intended parents to receive medical information throughout the pregnancy.  Once the child is born, our attorneys will return to court in order to amend the birth record to reflect the intended parents as the legal parents of the child and obtain birth certificates accordingly.

We know from personal experience how complex and confusing this process can be. We understand the emotions that go along with this journey. Learn what our firm can do to provide custom legal strategies to ensure you are protected and cared for. Our team is here to guide you and will be there for you every step in your journey to becoming parents.

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