Surrogate Law

April 14th 2018

Surrogacy, for both the surrogate mother and the biological parents, can be an exciting but delicate time. For those parents who are unable to have children on their own, asking for help can be difficult. It is an emotional process that is not an easy decision to make. On the other side, surrogate mothers are dedicating their bodies to the birth of the child for the duration of the 9 months. Because of this delicate situation, it is important for both parties involved to have a separate attorney.

Equal representation is important throughout the surrogacy process. Without equal representation, the surrogate mother or the biological parents could be left with consequences. Read below to find out why each party should have equal representation.

Surrogate Mothers

Surrogate mothers are often unaware that they need their own lawyer. Perhaps they like the couple whose baby they’re carrying and seem to trust them. While most biological parents do no intentionally cause harm or stress to surrogate mothers, the importance of equal representation still remains. Attorneys for surrogate mothers can make sure to read through the contract so that the surrogate mother is not left with any hospital bills to pay on her own. This could leave the surrogate mother in a dire financial situation.
Additionally, the contracts are very legal in their wording and difficult to understand. The attorney for the surrogate mother could make sure that the mother is allowed to make decisions regarding the life of the child should something go wrong during birth.

Biological Parents

On the other side, biological parents need equal representation as well. Their entire reason for getting into the surrogacy process was to have a child of their own. Without the proper wording and contracts in place, they could end up in a difficult situation should the surrogate mother try to change her mind at the birth.

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