Why Do I Need A Reproductive Attorney?
When do I need a reproductive attorney?
Sometimes a reproductive attorney can be involved right at the beginning when you're working with an IVF clinic or a surrogacy agency to review their contract and negotiate on your behalf. But, usually, the two main areas are contracts with donors and gestational carriers to fully establish your rights as the legal parents.
What does the contract process look like?
When you match with a donor and you match with a gestational carrier, an attorney will draft a contract on your behalf, they'll advise you and educate you on all your rights and liabilities in that contract, and they'll negotiate with an attorney who represents the other side. The surrogate and/or the donors will have their own attorneys throughout that process. Those attorneys are there to craft an agreement that fully establishes all your rights and liabilities, this lays the framework of the entire surrogacy relationship.
How do I get full parentage rights?
You're then going to work with an attorney after the surrogate gets pregnant to get a court order to fully establish your parentage rights. In some states, those court orders will happen prior to birth and in some states, they'll happen after birth. But really, the outcome of both of those is the same, a court order that establishes your rights completely and says you're the sole parents. This court order terminates any rights of donors and surrogates and that tells hospitals to treat you as the parents. This also tells the state to create a birth certificate with your names on it.
Will I have the same attorney throughout the process?
Sometimes the attorneys may be one and the same, representing you at the beginning and the end. Sometimes they're different. But regardless of if they have changed, those reproductive attorneys have the same goal and that's to fully protect all the parties in this process and to fully establish your parentage rights at the end.