Surrogacy – Legal Protection for Intended Parents and Surrogates

Ensuring a Secure and Ethical Surrogacy Process

Surrogacy is a life-changing journey for intended parents and surrogates alike. While it offers a path to parenthood for those unable to conceive naturally, the legal complexities involved require careful planning and protection. Without a well-structured surrogacy agreement, disputes over parental rights, financial responsibilities, and medical decisions can arise. Ensuring that all parties understand their rights and obligations is critical to a smooth and legally sound surrogacy process.

At Ratliff Jackson LLP, we guide intended parents and surrogates through the legal process, ensuring compliance with state laws and protecting the rights of everyone involved. Whether you are an intended parent, surrogate, or donor, our legal team helps establish clear agreements that prevent complications and safeguard the surrogacy experience.

Legal Issues in Surrogacy – What We Handle

Surrogacy Agreements

• Drafting and reviewing contracts that outline financial obligations, parental rights, and medical decision-making
• Ensuring all agreements comply with state laws and ethical surrogacy practices
• Establishing guidelines for compensation, medical expenses, and unexpected complications

Parental Rights and Legal Parentage

• Securing pre-birth and post-birth orders to establish intended parents as the legal parents
• Preventing legal disputes over custody and parental rights
• Addressing cases where surrogacy laws vary by state or country

Financial and Medical Responsibilities

• Determining responsibility for medical expenses, insurance coverage, and pregnancy-related costs
• Managing payments for surrogates in accordance with legal and ethical guidelines
• Protecting the surrogate from financial liability in the event of medical complications

Egg, Sperm, and Embryo Donation Agreements

• Ensuring legal clarity in third-party reproduction cases
• Protecting the rights of donors and intended parents
• Establishing confidentiality agreements and future contact policies between donors and children

Who We Represent

At Ratliff Jackson LLP, we advocate for:

• Intended parents seeking legal security throughout the surrogacy process
• Surrogates who need legal protection regarding compensation, medical care, and parental expectations
• Donors participating in egg, sperm, or embryo donation agreements
• Individuals facing legal disputes over surrogacy contracts, parental rights, or financial responsibilities

Frequently Asked Questions: Surrogacy

Is surrogacy legal in all states?

Surrogacy laws vary by state. Some states fully permit and regulate surrogacy, while others have restrictions or do not recognize surrogacy agreements. Legal guidance is essential to ensure compliance.

Do intended parents need to adopt the child after birth?

In some states, intended parents must obtain a post-birth order or complete a second-parent adoption to secure full parental rights. In other cases, pre-birth orders establish parentage before birth.

How are surrogacy agreements enforced?

A legally binding surrogacy contract, signed before the pregnancy begins, outlines each party’s rights and obligations. Courts generally enforce these agreements as long as they comply with state laws.

What happens if a surrogate changes her mind?

With a properly executed surrogacy contract, legal protections are in place to ensure the intended parents’ rights are recognized. However, legal action may be required if disputes arise.

Surrogacy Requires Strong Legal Protection – We’re Here to Help

Surrogacy is a deeply personal and legally complex process. Whether you are an intended parent or a surrogate, ensuring that your rights are protected from the start is essential for a smooth and stress-free experience.

At Ratliff Jackson LLP, we provide legal guidance to safeguard all aspects of surrogacy, helping families grow with confidence and security.

Contact Ratliff Jackson LLP today to discuss your surrogacy legal needs.