Surrogacy is a viable and effective option for couples who are unable to conceive a child of their own. Because of advances in reproductive medicine, couples may use in-vitro fertilization or other reproductive methods via a surrogate.
The surrogate is an individual who agrees to enter into this arrangement, and take on the task of carrying the child until birth. Surrogates can be family members, close friends or complete strangers.
Regardless of the relationship, couples need a surrogacy agreement—and even more importantly, an attorney. Even if the relationship is agreeable at the start, couples should never enter into an agreement without first consulting a surrogacy attorney.
If you and your spouse or partner are thinking about surrogacy, then there are reasons you should consider hiring a professional first, which can include:
A surrogacy attorney has experience dealing with parents and a surrogate party. They can discuss the process with you, help you draft a solid agreement, and help you estimate the costs associated with surrogacy.
They can also provide you with insight as to any issues that may occur during the surrogacy arrangement and answer all of your questions.
Objectivity in Emotional Situations
As a prospective parent, you are emotionally tied to the situation. An attorney, however, is not. An attorney can provide you with objectivity and rationality in a highly emotional and difficult time.
He or she can provide that “outsider’s perspective” when making tough, emotional decisions and help keep the proceedings as calm as possible.
Assistance Screening Potential Surrogates
If you do not have a surrogate already picked out, your attorney can help you screen her to make sure she is a worthy candidate. Your attorney will know what professional contacts to involve (such as medical professionals for a medical examination or a psychiatrist for a mental health screening) to ensure your potential surrogate is physically and emotionally capable of taking on the role and responsibility.
Once you have selected a surrogate, your attorney can help handle the monetary compensation and associated negotiations with that surrogate.
From negotiating fees to making sure the terms and sums are fair, your attorney can handle all of the financial transactions that must be exchanged to proceed with the surrogacy process.
While most surrogacy relationships work out just fine, others can result in conflict. An attorney works as your intermediary in these types of disagreements, makes sure the contract is not being breached by either party, and can help smooth out any conflicts that may arise.
Creating a Solid Contract
Every surrogacy relationship needs a contract. By hiring a surrogacy attorney, you have an enforceable contract that addresses any important issues, but also is in accordance with your state’s laws—protecting you and your spouse before, during and after the child is born.
It is in the best interest of your family, and your future child, to have a surrogacy attorney by your side. Because surrogacy law is highly complicated, you need an attorney that understands Florida surrogacy laws and has experience with surrogate situations.
Contact a Florida surrogacy attorney at the Law Offices of Aliette H. Carolan today by dialing 305-358-2330 to get a consultation for your surrogacy case.
- What Does a Surrogacy Lawyer Do?
- 3 Shocking Misconceptions about Surrogacy
- What You Need to Know in a Surrogacy Agreement