Surrogacy in USA: Getting Started, Legal obligations and FAQs!

Making your first move towards surrogacy in the USA does require some deep thinking. Especially, if you are an intended parent who has tried and tested every other method to achieve parenthood in the past without any success, you will surely be surrounded by a lot of doubts and questions.

That said, it is always advisable to get in touch with a renowned surrogacy agency in USA to get the best and most appropriate answers to all such questions. Moreover, you can go ahead with your own research and analysis in the same regard while referring to the below-mentioned points regarding surrogacy in the USA.

Surrogacy in the USA: Where to start?

As an intended parent, you always have a list of options while kick-starting your surrogacy journey in the USA. You can certainly start on your own while searching for a surrogate mother and taking care of all the related aspects.

To make this happen, you can further get in touch with some of your friends and family members. Still, as you make your first move in this direction, surrogate screening, matching, and selection come as your biggest challenges.

This may require some good time and effort and you also need to deal with a trusted IVF clinic in the USA to administer all the tests and diagnoses.

So, just in case you are not in a situation o deal with all this stuff, it is always recommended to let a surrogacy agency in the USA do it for you.

The agency will search, select, screen, and match the surrogate on your behalf while checking on her health and background. Once selected, the surrogate mother will enter into a surrogacy agreement with the intended parents to streamline the entire surrogacy journey.

Frequently asked questions regarding Surrogacy in the USA

What is a Surrogacy agreement and why is it important?

The Gestational Carrier Agreement (“GCA”), which serves as the legal agreement between the surrogate mother and the intended parents, really holds crucial for the entire surrogacy arrangement. Equally important for both parties, this contract ensures that intended parents have legal parental rights and addresses the surrogate’s rights and safeguards as a gestational carrier at the same time.

Besides, in order to guarantee that everyone is treated with respect, the agreement will define the roles and responsibilities of every party involved.

What Are a Surrogate Mother’s Rights?

vary on a state-to-state basis. Still, in most states, surrogacy is deemed a selfless act, and the surrogate mother is provided with the following rights :

• A health insurance policy
• Right to know the risks and adverse effects of every medical procedure
• Availability of a medical professional and consultant to help with her physical and mental health
• Obtain the remuneration and/or reimbursements specified in the contract

Moreover, to make the right choice for herself, a surrogate mother should have a thorough understanding of the physiological and medical effects of the procedure. That said, a key clause in a surrogacy agreement is the requirement that both the intended parents and the surrogate consent to testing for communicable diseases and medical problems.

Legally, surrogates are not excluded from a woman’s right to choose, but the agreement also requires both parties to work together.

Does the surrogate mother have the right to keep the baby after its birth?

Although a surrogate does have a certain right during surrogacy in the USA, she cannot keep the baby after the birth. The surrogate mother in USA has no legal rights to the kid once legal parenthood has been established, and she cannot make the claim that she is the child’s mother.

Besides, the contract also shields the surrogate from being held accountable for the child’s medical or legal responsibilities. That said, it’s crucial to keep in mind that a surrogate is not motivated to keep the child for herself.

Moreover, this is where the role of a surrogacy agency comes into the picture. Their thorough screening process ensures that a surrogate’s aim is the same as the motto of the intended parents—to assist the intended parents in reaching their parenthood goals.

Besides, it’s been taken care of that the surrogate mother has passed through all the medical and psychological checkups.

What is the process of establishing legal parenthood?

To establish legal parenthood, intended parents need to file for a pre-birth order (subject to the surrogacy laws of that particular state). A pre-birth order is a document that declares the intended parent(s) to be the child’s legal parents.

Besides, it speeds up the post-birth legal procedure so that the parents’ names can be added to the baby’s birth certificate and they can take the baby from the hospital without any issues. Generally, it is completed in the second or first trimester of the third trimester.

Postnatal actions can be necessary, depending on the condition and source of the eggs and sperm. A stepparent adoption, for instance, would be necessary if an egg or sperm donor was utilized. Moreover, an unmarried couple might have to file for second-parent adoption in several states. Additionally, post-birth orders may be required in other states depending on their respective surrogacy laws.

Does the variation in surrogacy laws in US states make the process difficult?

State-specific surrogacy regulations may create some issues. Still, with the help and support of a legal professional or a surrogacy agency in USA, you can deal with all such challenges without much fuss.

On the other side, there are certain conditions that need to be fulfilled for surrogacy in almost every state.  For the start, the surrogate must, first and foremost, live in a state where surrogacy is permitted.

Besides, the contract may be declared unlawful by the court if surrogacy is illegal in the state, and in rare circumstances, participants may even be charged with a crime.

That said, the only way to reduce these risks is to work with a reputable surrogacy agency in USA and a lawyer who is knowledgeable in surrogacy law; as having clarifications regarding the contract and the law protects both the intended parents and the surrogate’s rights.

Conclusion

Surrogacy in the USA is certainly the best option available out there for every intended parent. Still, as you make your first move in the same direction, consult with a legal professional or a trusted surrogacy agency in USA beforehand.