Surrogacy Lawyer

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.

1. A surrogate who is in another country. In most cases this is a hard to stop. 2. A surrogate who has been rejected by agencies. Agencies are knowledgeable about what is required for a surrogate to pass medical screening. If a surrogate applied with agencies and has been rejected, it is likely they will be rejected by your clinic. 3. When it sounds too good to be true. Surrogates are in high demand and there’s enough information about compensation for a surrogate to know the market rate. While surrogates give discounts to family members and friends, beware of the unknown candidate who offers to do it for free or well below market.

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.

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.

In California, surrogates would typically lose in court if they attempt to win and keep the baby. This outcome is based on the 1993 California Supreme Court case, Johnson v. Calvert, which dictates that courts should uphold the intent of the parties at the time they signed the surrogacy agreement. If a surrogate is determined to keep the baby and a judgment of parentage is in place, the hospital is likely to recognize the intended parents as legal parents, resulting in the child being taken away. In most cases, this judgment is obtained well before the surrogate's birth, and if the surrogate changes her mind afterward, the judgment specifies that the intended parents should take immediate custody of the child.

In the event the intended parents divorce or separate and the surrogate is pregnant, the Gestational Surrogacy Agreement will continue as planned. Most agreements will say the custody rights to the child will be resolved by the agreement of intended parents or by a court of competent jurisdiction. The gestational carrier and/or her spouse will not have any parental rights or claim to the child if a separation or divorce occurs between the intended parents.

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.

California law requires that if there is an agent or agency assisting with the match, an escrow account or trust account is required. New York also requires an escrow account if the surrogate is compensated. Other states may also require escrow. In California, the trust account may not be held by the agent or agency, but by a bonded and licensed escrow company or an attorney. It is a good idea to have an escrow account when the surrogate is compensated. Disputes over nonpayment are one of the biggest reasons the parties go to court.