Surrogacy Lawyer in New York

How long does it take for the legal process in surrogacy?

The first step usually takes 1-2 weeks to draft the surrogacy agreement.  After that, we expect to hear back from the gestational carrier's attorney in about a week. Following this, we enter a phase of negotiating and finalizing the agreement, which involves some back-and-forth communication. It's important to note that in some states, documents need to be signed in the presence of a notary public.  This extra step may add some time to the overall process, as coordinating schedules and getting documents notarized can introduce some variability in how long it takes.

When should we be looking for a pre-birth order?

Pre-birth order states require a court to grant an order naming the intended parents as parents prior to the surrogate giving birth. If the surrogate is in a pre-birth order state, the intended parents' attorney typically starts the pre-birth order drafting between 13 and 20 weeks of pregnancy. The pre-birth order can take a couple months to be prepared, reviewed, signed by all parties, and then granted by the court.  You want to have sufficient time for the pre-birth order to be ready in case there is an early birth.

Who is named on your child’s birth certificate if you do surrogacy as a same-sex couple?

If you're a same-sex couple using surrogacy, both of you can be listed as parents on your child’s birth certificate—whether that means two moms, two dads, or another configuration that reflects your family.

To make that happen, you’ll need to obtain a parentage judgment from the court. This is the legal order that directs the state to officially recognize both of you as parents from birth. Once the judgment is in place, your names appear on the birth certificate right away—without delays or extra legal forms down the line. Keep in mind that the process may vary by state. But with the right legal support, your family will be protected and fully recognized.

What happens if the intended parents are not able to attend the birth of the child?

During the covid-19 pandemic, this became a commonplace occurrence for intended parents who were abroad. Assuming a judgment is in place, a hospital will recognize the intended parents as the parents.  However, the intended parents are not present and have not advised the  hospital, the child will be reported as abandoned to child protective  services. The attorney for intended parents can prevent this by preparing a power of attorney giving another person (sometimes someone from the agency) the power to make medical decisions, complete the birth certificate and  discharge the baby from the hospital.  Intended Parents should be sure to let their attorney know if they can’t attend the birth so a power of attorney can be prepared.

When do I need a lawyer in my surrogacy journey?

For gestational carriers, you will need an independent lawyer before you sign a surrogacy agreement. You will also speak to your lawyer to review any parentage paperwork. For intended parents, your lawyer will usually be needed for drafting the surrogacy agreement. Some intended parents hire a lawyer earlier to review their agreement with an agency or in independent matches for advice on a surrogate match. If you’re an intended parent, seeking us out early will let you take advantage of Seedcoach’s financial coaching.

Can Intended Parents write off surrogacy expenses as medical expenses on their taxes?

The IRS ruled that expenses involving egg donation, IVF procedures, and gestational surrogacy incurred by third parties are not eligible for medical expenses. Only procedures on the taxpayer's body were viewed as deductible medical expenses.

What are things I should be looking into when I review an agency agreement?

When reviewing an agency agreement, it's essential to consider various aspects. When selecting an agency, you'll be presented with a contract that outlines the terms of your partnership.  Here are some key factors to keep in mind: 1. Agency Fee: The agency fee is a critical consideration. You should determine when it's due and whether it's refundable. Some agencies charge at the match confirmation stage, while others collect it beforehand. 2. Rematch Fees: Be aware of potential rematch fees. The reasons for these fees can vary significantly. 3. Duration of the Contract: Some agencies may charge a fee to extend their services beyond a certain period. This timeframe should be reasonable to avoid excessive costs. 4. Services Provided: Pay close attention to the scope of services covered by the agreement and what isn't included.

Does it matter whether I use donor gametes in my surrogacy journey?

In some states like Washington and California, it doesn’t matter. In  other states like Illinois you need to have a genetic connection to be  recognized as a parent.

How do I notarize my surrogacy agreement?

If your contract requires your surrogacy contract to be notarized, here is what you typically need to do. 1. Print the agreement single sided. 2. Initial each page. 3. Bring your government ID to a notary public. Call your bank or local mailbox or copy store to see if they have one. 4. There will be a small fee to notarize. The notary will verify your identity, take your thumb print, watch you sign. 5. Some courts require a notary declaration. The contract may have a page for the notary to sign. If not, you should request an All Purpose Acknowledgement page that the notary sign and stamp. 6. Scan the entire agreement and email it to your lawyer for approval. In some cases you need to mail the agreement. 7. Sometimes you can use a web notary. Check with your attorney if this is ok. An online notary will verify your identity, and provide a notary stamp to your digital signature. 8. Once both sides notarize, you will be legally cleared.

Should my surrogacy or gamete donation lawyer be located near me?

You do not need to choose your lawyer based on where you live.  Your appointment to review the contract will be by video or by phone call, not in person. You will not need to go to the lawyer’s office to read or sign documents. You can sign our representation agreement electronically, and sometimes the contracts can be signed electronically. For contracts that need an in-person notary, you can go to any notary public to sign.