Surrogacy Legal Process
Navigating the Complexities of State-Specific Surrogacy Laws
The legal aspects of surrogacy are among the most intricate parts of the journey. With surrogacy laws varying not only from state to state but sometimes even between counties or individual judges, navigating this process requires careful attention to detail. Each jurisdiction has its own set of rules, and understanding these laws is crucial to ensuring a smooth and legally sound surrogacy experience.
Partnering with knowledgeable legal professionals who specialize in surrogacy can make all the difference. They will guide you through the specific requirements of your jurisdiction, from drafting contracts to securing parentage orders. By thoroughly addressing the legal aspects upfront, intended parents and surrogates can move forward with clarity and confidence in their surrogacy journey.
Babymoon Parents Receive Full-Service Legal Support
Babymoon Surrogacy guides intended parents through every step of the legal process, connecting them with experienced surrogacy attorneys and ensuring they have the support needed to navigate contracts, parentage orders, and other legal requirements. While we work with trusted professionals in the industry, parents also have the flexibility to choose their own attorney.
Establishing Parental Rights
The most pressing legal issue facing any intended parent is the enforceability of the surrogacy agreement between the intended parents and the surrogate and the establishment of the Intended Parents’ parentage rights. It is important that all parties work with experienced attorneys with knowledge of the requirements in the jurisdiction where the parentage legal work will occur when drafting and negotiating their contracts so that their contracts will be upheld throughout their surrogacy and that proper parentage rights will be granted and birth certificates will reflect proper parentage.
It is necessary to draw up a legally binding and thorough surrogacy contract, but it ultimately comes down to the state to enforce the contract and provide the official documentation that establishes the parental rights of the intended parents.
Surrogate Qualifications
We’re looking for compassionate, dedicated women who meet the following qualifications to ensure a safe and successful journey for everyone involved.
Health & Wellness
Candidates must be 21–42 years old (up to 45 in some cases) with a BMI of 19–30, or up to 33 with a fitness plan. Surrogates must have had at least one healthy pregnancy and delivery to qualify.
Stable Lifestyle
Applicants should maintain a stable, substance-free living environment. A reliable support person is essential to provide emotional and practical assistance throughout the journey.
Mental Readiness
Surrogates must pass a psychological evaluation to confirm emotional readiness and resilience. This ensures a positive and supported experience for everyone involved.
What Does a Surrogacy Lawyer Do?
There are a few key milestones during your surrogacy journey during which you'll require the services of a lawyer who is experienced in surrogacy and Assisted Reproductive Technology (ART) law. The first set of milestones happen early in your journey during the contracts phase, while the second set of milestones happens when you are establishing your parental rights, about midway through the pregnancy.
Post-Birth Judgment
The Pre-birth order is a court order establishing the Intended Parents’ parentage of their baby being carried by their surrogate, and is one of the most important documents of the entire surrogacy process. This document ensures that the intended parents are the sole parents of the child immediately upon birth.
Each state has its own set of requirements (either in statutes or case law) necessary to establish the intended parents’ rights through the court proceeding. In general, it’s best to start the parentage process as early as possible after confirmation of pregnancy so that the court order is in place prior to birth.
Gestational Surrogacy Contract
The Carrier Agreement is the legal contract between the gestational carrier (surrogate) and the intended parent(s). The agreement will lay out each party’s rights and responsibilities. It should carefully outline the surrogate’s responsibilities to you as the intended parents, such as attending all required medical appointments, maintaining a healthy lifestyle during the pregnancy, and maintaining contact with the intended parents.
The surrogacy agreement will also ensure the gestational carrier relinquishes her claim to parental rights over the child following the child’s birth. The surrogacy agreement will also detail the intended parents’ responsibilities to the surrogate, outline their financial obligations and carefully list all the expenses they must cover throughout the surrogacy.
The surrogacy agreement must also outline all potential risks and liabilities and describe each party’s responsibilities should certain contingencies occur, such as a caesarian section or miscarriage. It is essential that all parties involved in a surrogacy agreement ensure the agreement adheres to their state’s surrogacy laws. It is also important that all parties utilize competent attorneys in the drafting and negotiating of the agreement.
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What is surrogacy?Surrogacy is a process where a surrogate carries and delivers a baby for intended parents who are unable to conceive or carry a pregnancy. At Babymoon, we guide both intended parents and surrogates through this life-changing journey with care and transparency. Explore our Surrogacy Overview page to learn more.
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Who can become a surrogate?Women aged 21–42 with a history of at least one healthy pregnancy, a stable lifestyle, and a supportive environment are eligible. Exceptions up to age 45 may apply in certain cases. Visit our Surrogate Qualifications page for full eligibility details.
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How long does the surrogacy process take?The surrogacy process generally takes 12–18 months. Timelines vary based on factors like matching, medical evaluations, legal agreements, and pregnancy milestones. Learn more about the timeline on our Surrogacy Process page.
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What support does Babymoon provide?Babymoon provides dedicated case managers, counseling, support groups, and educational resources to ensure surrogates and intended parents feel supported throughout the journey. Explore our Support Services page for details.
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Do I need to have children to be a surrogate?Yes, surrogates must have had at least one healthy pregnancy and delivery. This ensures familiarity with the pregnancy process and confidence in carrying another child. Learn more about surrogate requirements on our Surrogate FAQs page.
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What compensation can I expect as a surrogate?Surrogates can earn up to $115,000, depending on experience and circumstances. Compensation includes additional benefits like maternity clothing allowances, travel reimbursements, and more. Visit our Pay & Benefits page for a full breakdown.
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Will I have medical and emotional support during the process?Yes, Babymoon ensures you have access to comprehensive medical care, psychological evaluations, and ongoing emotional support. Dedicated case managers and support groups are also available to assist you every step of the way. Explore our Support Services page for details.
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How do I begin the surrogacy process?Start by completing our intake form. Our team will review your application, conduct a pre-screening, and guide you through the next steps. Visit our Become a Surrogate page to get started.
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How are surrogates selected?Surrogates go through an extensive screening process that includes medical evaluations, psychological assessments, and background checks. This ensures that all surrogates meet the highest standards of health and readiness. Learn more about the matching process on our Intended Parents page.
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What is included in the surrogacy cost?Surrogacy costs cover surrogate compensation, medical expenses, legal fees, agency support, and additional benefits. Babymoon provides a detailed breakdown to ensure transparency. Visit our Cost of Surrogacy page for more information.
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Will I be involved in the pregnancy?Yes, intended parents can actively participate in the pregnancy by attending medical appointments, communicating with the surrogate, and collaborating on the birth plan. Learn more about this process on our Intended Parents FAQs page.
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Can I choose the surrogate I work with?Yes, Babymoon ensures a personalized matching process based on shared values, preferences, and expectations. This creates a strong connection between surrogates and intended parents. Visit our Matching Process page for details.
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Who can become an egg donor?Healthy women aged 21–32 with no significant medical history are eligible to donate eggs. Donors undergo medical evaluations and screenings to confirm eligibility. Explore our Egg Donation page for more details.
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Who can become a sperm donor?Healthy men aged 18–39 with no significant medical history are eligible to donate sperm. Donors are carefully screened to ensure they meet program requirements. Learn more on our Sperm Donation page.
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What compensation do donors receive?Egg donors and sperm donors receive competitive compensation for their time and generosity. Compensation varies based on the program and medical process involved. Visit our Donor Compensation page for more information.
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How do I get started as a donor?Start by filling out the donor application form. Our team will guide you through the evaluation and matching process. Learn more on our Become a Donor page.
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What is a pre-birth orderIn some states, intended parents can establish parentage of their child before they are born by having an attorney file a pre-birth order. This usually involves the intended parents and surrogate signing statements documenting parental rights for the unborn baby. Having a pre-birth order protects the intended parents' legal rights and ensures the post-birth process goes smoothly.
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Why do some intended parents have to adopt their baby?Some states may not allow you to complete either pre-birth or post-birth orders. This leaves you with the last way to establish parentage: an adoption. How you complete the adoption varies depending on factors such as your marital status. The process typically involves attending an adoption hearing, which your surrogacy lawyer prepares you for.
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Do surrogates have legal rights to the baby?No, surrogates have no parental rights to the baby. Legal agreements, prepared and signed before the pregnancy begins, ensure the intended parents are recognized as the baby’s legal guardians. Visit our Legal Process page for more information.
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Who covers medical expenses during the process?All medical costs related to surrogacy, including prenatal care, delivery, and any related procedures, are covered by the intended parents through insurance or other arrangements. Learn more about financial arrangements on our Costs page.