{"id":1412,"date":"2018-04-20T14:53:36","date_gmt":"2018-04-20T14:53:36","guid":{"rendered":"https:\/\/surrogacy-lawyer.com\/?p=1412"},"modified":"2024-06-08T23:02:21","modified_gmt":"2024-06-08T23:02:21","slug":"understanding-the-legal-side-of-surrogacy-5-steps","status":"publish","type":"post","link":"https:\/\/surrogacy-lawyer.com\/zh\/understanding-the-legal-side-of-surrogacy-5-steps\/","title":{"rendered":"Understanding the Legal Side of Surrogacy: 5 Steps"},"content":{"rendered":"<p class=\"qtranxs-available-languages-message qtranxs-available-languages-message-zh\">\u5bf9\u4e0d\u8d77\uff0c\u6b64\u5185\u5bb9\u53ea\u9002\u7528\u4e8e<a href=\"https:\/\/surrogacy-lawyer.com\/en\/wp-json\/wp\/v2\/posts\/1412\" class=\"qtranxs-available-language-link qtranxs-available-language-link-en\" title=\"English\">English<\/a>\u3002 For the sake of viewer convenience, the content is shown below in the alternative language. You may click the link to switch the active language.<\/p><p><em>This post was originally published on Fertility Smarts<\/em><\/p>\n<p><span style=\"font-weight: 400;\">If you are considering using surrogacy to grow your family, it is important to know up-front what to expect from a legal standpoint. Doing so can help protect you from unforeseen surprises. Don\u2019t let the thought of dealing with legal matters overwhelm or terrify you, once you become familiar with these 5 steps, you\u2019ll feel prepared to start this exciting journey!<\/span><\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"alignnone  wp-image-1410 alignright\" src=\"https:\/\/surrogacy-lawyer.com\/wp-content\/uploads\/2018\/04\/Depositphotos_72200001_s-2015-300x200.jpg\" alt=\"\" width=\"353\" height=\"235\" srcset=\"https:\/\/surrogacy-lawyer.com\/wp-content\/uploads\/2018\/04\/Depositphotos_72200001_s-2015-300x200.jpg 300w, https:\/\/surrogacy-lawyer.com\/wp-content\/uploads\/2018\/04\/Depositphotos_72200001_s-2015-219x146.jpg 219w, https:\/\/surrogacy-lawyer.com\/wp-content\/uploads\/2018\/04\/Depositphotos_72200001_s-2015-50x33.jpg 50w, https:\/\/surrogacy-lawyer.com\/wp-content\/uploads\/2018\/04\/Depositphotos_72200001_s-2015-112x75.jpg 112w, https:\/\/surrogacy-lawyer.com\/wp-content\/uploads\/2018\/04\/Depositphotos_72200001_s-2015.jpg 500w\" sizes=\"auto, (max-width:767px) 353px, 353px\" \/><\/p>\n<p><b>1. Consult with a Surrogacy Attorney<\/b><\/p>\n<p><span style=\"font-weight: 400;\">Consulting with a skilled, experienced surrogacy attorney is one of the first things you should do. This is especially important if you are planning on hiring a surrogate in a different country than yours. Talk to a surrogacy attorney and an immigration specialist from your home country to make sure you take any needed steps and ensure your parental rights will be recognized when you bring your baby back home.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Even within the U.S., different states have different laws. Your attorney can help you understand how surrogacy is handled in that state, alerting you to any potential issues that should be addressed as the relationship progresses.<\/span><\/p>\n<p><b>2. Create the Surrogacy Agreement<\/b><\/p>\n<p><span style=\"font-weight: 400;\">The next step is to enter into a surrogacy agreement. In California and many other states, both parties must be represented by their own (separate) attorneys throughout the entire surrogacy process. In California, the surrogacy agreement must be signed and notarized before the surrogate starts injectable medication.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In general, here\u2019s what you can expect:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Your attorney will prepare a draft agreement for you that includes both parties\u2019 intentions, rights, and obligations.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Then, you\u2019ll likely have a phone consultation, so your attorney can walk you through the agreement and identify any needed changes.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Your attorney will send the revised draft to the gestational carrier\u2019s attorney who will go through it with her.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Sometimes, there are back-and-forth negotiations to get to the final agreement.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">When both parties are confident the document outlines what they want it to do, signatures are notarized.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The attorney\u2019s office maintains the original copy in case it\u2019s needed later for the parental establishment phase.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Of course, every agreement is different to reflect the specific terms you and the gestational carrier negotiate. While the entire agreement is important, there are some provisions you should carefully review and consider. Those include provisions requiring the gestational carrier and\/or her husband to cooperate with any legal procedures needed to establish you as intended parents.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">You should also make sure the financial side of the agreement is accurate, including your payment obligations as an intended parent, various fees you are required to reimburse or pay the gestational carrier, etc. These may be covered already if you\u2019re working with an agency. If there isn\u2019t an agency involved, it\u2019s even more important to specifically define how things like lost wages, childcare reimbursement, travel reimbursement, etc. will be handled. California law requires that funds be held by an attorney in a trust account or by an independent escrow company. Your legal agreement should clearly establish these requirements, as well as the timing of payments.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Finally, your agreement should be clear about how long it will last, and how the agreement can be terminated (by either side) without penalty.<\/span><\/p>\n<p><b>3. Parental Establishment Process (Judgment of Parentage)<\/b><\/p>\n<p><span style=\"font-weight: 400;\">Your attorney will play a key role in helping you obtain a Judgment of Parentage, which is a court order officially documenting that you are the legal parents of the child born through surrogacy. In some states, you can obtain this order before the child is born; in others, you will need to wait until after his or her birth.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">This legal document is important for many reasons, including facilitating listing you as the child\u2019s legal parents on the baby\u2019s birth certificate. It\u2019s also the document that gives you full legal custody and control for your child, including the ability to make medical decisions for him or her.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">As with the surrogacy agreement, both you and the surrogate will review this paperwork with your respective attorneys. After that, state laws and processes will determine whether an in-person or telephonic hearing is required, but the idea is to demonstrate to the court that all parties intend to list you as the legal parents. Local courts often have their own unique requirements; your attorney should help limit or avoid unnecessary delays.<\/span><\/p>\n<p><b>4. Ensure the Birth Certificate is Accurate<\/b><\/p>\n<p><span style=\"font-weight: 400;\">Ideally, the intended parents\u2019 names will both be put on the birth certificate from the start. However, this isn\u2019t always the case, especially in states that require a post-birth Judgment of Parentage. If the gestational carrier\u2019s name appears on the birth certificate, it will need to be amended.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">For some international surrogacy arrangements involving same-sex couples, foreign attorneys advise clients to simply list one parent\u2019s name on the birth certificate. At the parents\u2019 discretion, there may be a desire to amend the birth certificate at a later date to reflect both parents.<\/span><\/p>\n<p><b>5. Obtain Travel Documents and Apostille (if Necessary)<\/b><\/p>\n<p><span style=\"font-weight: 400;\">Finally, after the baby is born, you will need to pick up the birth certificate and apply for a passport for your child. Be aware that these steps can take some time; as a rule of thumb, you should plan to stay for at least one month after the baby\u2019s birth date.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">It\u2019s also important to note that certain countries require legal documents to be authenticated by a local Recorder and subsequently Apostilled by the Secretary of State. Your attorney or the surrogacy agency can help you with these requirements.<\/span><\/p>\n<p><b>Know What to Expect for a Smoother Experience<\/b><\/p>\n<p><span style=\"font-weight: 400;\">Expanding your family through surrogacy is an amazingly rewarding experience. When you understand what to expect from a legal standpoint before starting the process, you\u2019re helping increase the chances of a smooth process \u2013 from the first discussions with your attorney until you bring your beautiful baby home.<\/span><\/p>","protected":false},"excerpt":{"rendered":"<p>\u5bf9\u4e0d\u8d77\uff0c\u6b64\u5185\u5bb9\u53ea\u9002\u7528\u4e8eEnglish\u3002 For t<span class=\"excerpt-hellip\"> [\u2026]<\/span><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[],"class_list":["post-1412","post","type-post","status-publish","format-standard","hentry","category-surrogacy-2"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/posts\/1412","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/comments?post=1412"}],"version-history":[{"count":0,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/posts\/1412\/revisions"}],"wp:attachment":[{"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/media?parent=1412"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/categories?post=1412"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/tags?post=1412"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}