They say that you don’t get a manual when you have a baby, so why would you need a lawyer if you are adopting, obtaining a baby via surrogacy, or using another reproductive method?
The reason it is wise to hire a reproductive law attorney is because while natural childbirth with the two biological parents serving as the parents is straightforward, other types of reproduction can be anything but simple.
Laws vary from state to state regarding all types of reproductive techniques and adoption, so whether you are planning on staying within Florida or going to another state and then returning to Florida in the course of your reproductive efforts, it is important that you have clear legal rights to the child.
Each state has widely varying laws, including contradictory laws, as discussed previously in another post about Jason Patric’s paternity claims in California.
In that case, Patric has been in and out of court for two years in an attempt to obtain custody over a child whom he fathered via sperm donation. Only on May 14, 2014 did a California appeals court side with Patric and find him to legally be the father of the boy, who is now four years old.
Obtain Clarity with the Legal Documents
Adoption, surrogacy, and other reproductive processes can involve large amounts of complex paperwork. Among these are legal documents that will determine your parental rights and the rights of others involved in the process.
These documents can sometimes be very confusing, especially in an already stressful time when you are trying to grow your family. To help give you clarity and peace of mind on the meaning of the various forms and other documents as well as the legal weight of the documents, it may be wise to hire an family law attorney to help guide you through the documents.
It is far better to know the potential legal risks, rights, and responsibilities you may have under a surrogacy contract, adoption proceeding, or other action, beforehand rather than after the fact.
A reproductive law attorney can assist you in either reviewing or drafting the relevant documents for your particular situation.
Protect the Child
Analogous to your interest in protecting yourself, is making sure that the prospective child has sufficient rights. In the case of the child’s rights, contractual documents should emphasize the importance of the child’s health and well-being in any sort of reproductive plan.
Many states have laws that require parents and prospective parents to act in accordance with the best interests of the child, but to cement that desire, it is worthwhile to say upfront how important that is to you.
Make sure you make the right decisions as you move forward with your plan to become parents. The maze of adoption and surrogacy rules and regulations in the U.S. and abroad make it critical that you hire a good attorney to help you along the way.
Contact the Law Offices of Aliette H. Carolan at 305-358-2330 for questions on adoption, surrogacy and other reproductive law questions.