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Let’s talk legal. What does surrogacy law mean for you?

September 13th, 2018

Five Benefits of Hiring a Surrogacy Agency with an in-house Legal Team

We believe the decision to start a family is both noble and pure. You’re about to embark on an exciting journey, and finding an agency partner that will find your perfect surrogate match and protect your rights is critical.

There are important factors to consider with any big decision. As the family building industry evolves, it is normal to be met with various legal considerations throughout the process. At ConceiveAbilities, we are your agency for surrogacy solutions, who offer an in-house legal department that works directly with you to navigate those considerations, ensuring all of your legal needs are anticipated and met.

From the very beginning of our relationship to bringing your baby home, our seamless oversight of all parties and navigation of all processes is to everyone’s benefit.

Here are the top five benefits of having an in-house legal team at your agency:

1. Securing Parentage Rights

One of the most basic but critical legal components of a surrogacy journey is establishing intended parents’ rights. This means obtaining a court order or signing a legal document stating who the legal parents of a child are. As parentage law varies based on state, county and even courtroom, we know it is important to create a legal strategy prior to a match. Working with an agency that has a legal department in-house can ensure that every Intended Parent is matched with a surrogate where their parentage will be established.

2. Process Management

The negotiation of any legal contract is typically stressful. In an already complex process, an agency with a legal department in-house can help eliminate that stress for you. From start to finish, ConceiveAbilities manages the legal process and encourages collaboration between all professional partners and clinics. We continuously refine our methods to be sure the contract and parentage phases of the process are extremely efficient.

3. Limiting Liabilities

There are many legal documents, including but not limited to; surrogacy contracts, estate planning documents, birth certificates and apostille documents involved in the surrogacy process. An in-house legal team helps you understand how risks and liabilities can be minimized within the documents. It is critical to have drafts of these documents that are prepared correctly, and that’s why we assist in the creation of a customized array of documents that will protect the family formation journey.

4. Relationship Protection

The relationship between the Intended Parents and the surrogate is a unique one. Whether the wish is for a friendly, close relationship with the surrogate and her family, a mutual respect and fondness, or simply a more formal and business-like arrangement, ConceiveAbilities adds safeguards to the legal process to support the relationship both parties want.

5. Making the Pregnancy “Your Pregnancy”

Although a surrogate will be carrying the baby, it is important for Intended Parents to have input and decision-making rights for their child throughout the pregnancy and delivery. We keep this in mind when creating the contract. Within the contract there will be terms detailing who makes certain medical decisions, who can be in the delivery room, the surrogate mother's contact with the baby post-birth and how quickly you receive ultrasound photos if you have to miss an appointment. Think of the contract as your “pregnancy on paper.”

Having an in-house legal team in place throughout the surrogacy journey allows you to rest easy knowing that someone is monitoring the legal process and addressing any needs as they arise.

Please contact us for more information on legal services.