Exploring the details of the surrogacy legal process
Although it is important to know about the medical aspects of surrogacy, the surrogacy legal process is equally critical to understand. This process can be complex, but our Las Vegas surrogacy experts can offer guidance and support to make the process easier. The Fertility Center of Las Vegas (FCLV) is here to demystify this aspect of the surrogacy journey for you.
What are the main steps of the surrogacy legal process?
Two crucial parts of the surrogacy legal process include the surrogacy contract and the pre-birth order. These might sound complicated, but our Las Vegas surrogacy experts have explained them below.
Before you and your surrogate move forward with embryo transfer, you should have an experienced attorney draft a surrogacy contract. This document should discuss two critical legal issues.
- Finances. The contract should outline the surrogate’s compensation and payments for medical care and related expenses. It should also discuss additional compensation if complications occur.
- Rights and responsibilities. The document should also highlight the surrogate’s responsibilities and your rights. Some examples include requiring her to not smoke during pregnancy and making sure you can be at prenatal appointments and the birth.
Establishing you and your partner as your baby’s legal parents is the next step. Each state has different rules that dictate how this process will look. As one of the most surrogacy-friendly states, Nevada allows your attorney to file a pre-birth order. This document allows you to be listed on your baby’s birth certificate, regardless of your marital status or sexual orientation.
A look at adoption and other post-birth legal procedures
Certain states may require you to follow other adoption or post-birth legal procedures for the surrogacy legal process. States that are less surrogacy-friendly than Nevada may require you and your partner to take extra steps after your baby’s birth. Some examples include the following.
- If your baby is born from surrogacy and donor sperm or eggs, the parent who is not genetically related to the baby may need to complete a stepparent adoption.
- If your baby is born from surrogacy and embryo adoption, a full adoption may be required in some states.
We recommend talking to an attorney who is experienced in the laws of the state where your gestational surrogate will deliver your baby. Your attorney can help you learn what requirements you will need to meet to be the legal parent of your baby.
Do you have more questions about the surrogacy legal process? Contact our Las Vegas surrogacy experts to learn more.