Becoming a surrogate mother can be an extremely rewarding experience. You are helping other parents who cannot conceive and carry a child to term on their own. If you are sure that you want to help a family in this way, then you need to be sure that your interests are protected in the agreement with the family.
Thankfully, Florida has some of the most comprehensive laws surrounding surrogacy to ensure that the surrogate, the parents, and the child are all safe and protected. In fact, the laws are so comprehensive, that you can become a surrogate mother in four steps.
- Decide whether to use an agency or go through an individual match.
Florida allows you to become a surrogate mother with a relatively simple contract. That means that you have the choice of dealing with an agency or creating a relationship with a couple or single person on your own.
If someone approaches you to be a surrogate mother, then you can actually make all of the arrangements between you and that couple or individual. You simply have to call an experienced Florida surrogacy attorney to be sure that you, and the other parties involved, are fulfilling all of your legal obligations.
- Determine the type of surrogacy.
There are two types of surrogacy, both of which are legal in Florida. The first is that the surrogate mother is impregnated using artificial insemination. The donor will use his own sperm to create the child and the surrogate will use her own egg.
In the second type of surrogacy, an embryo (a joined egg and sperm) is implanted into the surrogate mother so she can carry the child to term. In this type of surrogacy, the surrogate mother does not use any of her own genetic material.
Selecting a surrogacy method depends on the new parents’ needs. Couples who have healthy eggs and sperm may prefer that the surrogate use their genetic material, but each situation is different.
- Draw up the legal contract.
Once you have determined which type of surrogacy you want and whether you will use an agency, you will need to draw up the contract. If you use an agency, they will likely have a standard contract that they use. However, you should still have a knowledgeable surrogacy attorney review your contract to ensure your legal rights are protected.
Do not create the contract yourself. You will likely miss key terms or items that can be devastating. This type of relationship is too important to risk having a poorly written contract. You must have a written contract for the surrogacy to be valid and legal.
- Be sure that the birth certificates are correct.
Finally, once the child is born, you will need to be sure that the birth certificate is correct. In hospitals, the birth certificate is automatically assigned to the surrogate. However, the “true” parents must petition the court to change the birth certificate so that it matches the non-surrogate parents.
Surrogacy may seem like a simple process, but it can be very complicated. It is also much too important to risk having an inexperienced attorney (or worse, no attorney at all). Be sure to seek skilled legal representation when making this potentially life-changing decision.
Consult With an Knowledgeable Surrogacy Attorney
Surrogacy is very complicated process. If you are looking for an knowledgeable and experienced surrogacy attorney then contact today at 305-358-2330.