LGBT Surrogacy Attorney
Once you find a surrogate it is important that you have the legal protection required in order to help with the process and protect everyone’s rights. In many instances LGBT partners will contract with a gestational surragate (a female who does not have any genetic ties with the child). Before the pregnancy we are able to write and review surrogacy contracts in order to ensure that you have the proper documentation in place.
California law states that surrogacy contracts must include provisions for issues including:
- source of the sperm
- source of the egg
- surrogate compensation
- escrow provisions
- expected actions of the surrogate and intended parents
- multiple pregnancies
- parental rights
Once the child is born you will want to ensure that you are able to recieve full parental rights and begin removing parental responsibilities from the surrogate. We will help you take the right steps to start with including:
- filing pre-birth judgement
- advice on California conception
- collaborating with the attorney of the surrogate
- and more
The LGBT Family Law Service is here to help protect you and your family during these times.
Thanks to improvements and discoveries in modern technology, fertility procedures have marginally reduced cost over the years. Today, options like surrogacy and other methods are not just for the rich and famous anymore. However, some of these options require the drafting of legal contracts and consulting with a family law attorney.
What is Surrogacy?
Undoubtedly one of the most advanced assisted reproductive methods currently being used; surrogacy provides an alternative to couples or individuals that find themselves unable to conceive or carry a child to full term. It involves an arrangement where a woman consents to carry a pregnancy on behalf of another person or couple who will be the legal parents after the child’s birth. People intending to be parents can seek a surrogacy arrangement for any of the following reasons.
-Pregnancy is not medically possible as per doctor’s report
-Pregnancy may put the mother’s life and health at risk
-Same-sex couples who cannot have children
Now, monetary compensation for the surrogate may or may not be involved in the arrangement. If indeed the surrogate does receive money for the process, this is what lawyers refer to as commercial surrogacy. However, if the surrogate does not receive any compensation, then this is known as altruistic. Of course, both scenarios must include mandatory reimbursement of medical as well as other reasonable expenses that the surrogate will require.
How A Family Law Attorney Helps Couples with Surrogacy
No matter what type of assisted reproduction technique you use, you will need to carefully plan and prevent disputes or complications down the road if it involves a third party. The importance of having legal documents with the donors cannot be stressed enough. Having a credible family law firm on your side ensures that the entire surrogacy ends in only one outcome. That is you being legally recognized as the child’s sole and legal parents. With proper planning and our attorney’s experience, we will ensure that you never have to go through any emotional turmoil that wrecks families apart if agreements are not honored. In addition to being with you every step of the way, here are some other ways that our family law attorneys can help you out.
Drafting Surrogacy Agreements and Pre-Birth Orders
An agreement is only as good as the paper it is printed on. This is why ensuring that you have an impervious agreement with the surrogate is of the utmost importance. Before anything else, our lawyers help you draft an agreement before the pregnancy. This document states that the intended surrogate will immediately give up all parental and custody rights to said child as soon as it is born. If you went with traditional surrogacy where the man provides the sperm that fertilizes a surrogate’s egg, this is very necessary. However, pre-birth orders only apply for gestational carriers and do not require second parent adoption.
Drafting Gestational Carrier Agreements
Every type of assisted reproduction comes with its own unique elements. Our family law attorneys have dealt with every scenario possible and are well equipped to see the task through. Gestational carrier agreements are an accord between a couple and their surrogate who is not really the biological mother of the child. This means that the surrogate only contributed her womb and not an egg. Since the child contains the couple’s sperm and egg, the surrogate cannot claim parenthood of the child. A gestational carrier agreement is the best option here.
Drafting Adoption and Other Important Documents
As we have already established, some of the above assisted reproductive methods require one parent (often the woman) to carry out second parent adoption. Our lawyers help draft up this document that grants the second parent full rights and legal custody of the child.
Assisted Reproduction Services for Non-Traditional Families
No matter what your sexual orientation may lie, we believe that every family should be given the opportunity to expand and become whole. We are especially attuned to all the diverse types of loving families who yearn to have a child of their own. Our family law attorneys assist same-sex couples to either have a child of their own or adopt and add to their family. For men, we draft agreements and adoption forms with methods like surrogacy. For women using a sperm donor, our qualified attorneys will ensure that you have an agreement to show the child is legally yours.
If you have any questions or would like to consult our legal team, call us today and discover just how easy it can be to grow your family.
Consult with an LGBT Attorney