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  • Writer's pictureRalph M. Tsong

Surrogacy Lawyers for Intended Parents: Why, When, and How

surrogacy lawyer

A surrogacy lawyer is knowledgeable about the legal aspects of surrogacy agreements. If you are seeking to build a family through surrogacy, going alone with your journey will be challenging until you have a surrogacy lawyer to help you ensure a legally secure and successful surrogacy journey. They play a crucial role in providing legal guidance and support to the parties involved in the surrogacy process which includes, among others, handling financial compensation, child custody, and a variety of other issues that can arise during the journey.

In this article, we will discuss why you need a surrogacy lawyer, when do you need a surrogacy lawyer, and how you can choose the right surrogacy lawyer.

Why you need a surrogacy lawyer

As intended parents, the surrogacy lawyer you choose for your journey is important and should not just be an afterthought. Here are some of the reasons why you, as an intended parent, need a lawyer for your surrogacy journey.

  • To explain the law and draft the surrogacy agreement. The contract between you and the surrogate is one of the most important parts of the surrogacy journey. A well-drafted contract will prevent disputes and keep the parties on the same page.

  • So that you can be involved. In surrogacy, you can experience every milestone of their surrogate's pregnancy, from the embryo transfer to their child's birth. This ability to attend appointments and the delivery will be part of the surrogacy agreement.

  • Ensuring a healthy pregnancy. You would like a surrogate to carry a pregnancy as they would, if they could. Your lawyer will draft the surrogacy agreement which will provide activity restrictions and require the surrogate to follow medical instructions.

  • Respecting the Privacy of the Parties. While you and the surrogate will be known to each other, the arrangement can be kept confidential under the terms of agreement.

When do you need a surrogacy lawyer

Usually, you need a surrogacy lawyer after your surrogate is medically cleared and before you can start medication for an embryo transfer, usually. However, it may benefit you to find a surrogacy lawyer at an earlier time.

If you are on an independent journey, you may want to consult with a surrogacy journey while you are looking for a match to know about the legality in different states. In addition, the lawyer can help by providing a blank compensation template so you can come to an agreement on compensation before the lawyer drafts.

If you are working with a surrogacy agency, you can wait until a surrogate has been chosen or you can contact a surrogacy lawyer at the time you are selecting an agency to help review the agency agreement. The fee for reviewing an agency agreement should be lower than for other contracts, and it can help you decide whether to move forward with an agency or what to look out for. You can also get their opinion on their experiences with the agency, and get an idea of how it will be to work with that lawyer in the future.

How can you choose the right surrogacy lawyer

If you are new to surrogacy, It’s not a good idea to take the first lawyer you find or the cheapest lawyer, it is important to check the background of the lawyer and the law firm you will be working with this includes the number of years they have practiced, the state they are barred in, organizations they are involved in, and the distinctions they have.

Law firms like Tsong Law Group have been are subject matter experts at egg donation and game donation, Surrogacy and Family Law with experience spanning over two decades and as Fellows of Academy Adoption & Assisted Reproduction Attorneys (AAAA) and Academy of California Adoption-ART Lawyers (ACAL). Their lawyers are admitted to California, New York, Illinois, Washington, Arizona and Oklahoma. With the experience of hundreds of cases each year in third party reproduction, they will be able handle any issue that comes up.

After you find a well-qualified lawyer, you should find out how long it will take to draft the contract, and whether they will charge extra or the fee includes answering questions after the contract is drafted, including making amendments or assisting with disputes. You should also ask if the lawyer will review the contract with you or if it is left with a paralegal or legal assistant. The lawyer should be reviewing with you, and there should be no extra charge beyond the flat fee for answering questions or helping with problems during the journey.

If you have questions about how a surrogacy attorney will help you on your journey, contact us for a free consultation.


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