Why You Need a Surrogacy Attorney

Published on Tuesday October 6th, 2020 by WCS

The legal portion of the surrogacy process is crucial for establishing parenthood as well as managing the working relationship between the intended parents and the surrogate. Although it can be tempting to take a do-it-yourself approach or to hire a general practice attorney to draft your surrogacy contract, it’s always best to work with a lawyer who specializes in assisted reproductive technology law.

Working with an experienced fertility law attorney not only guarantees that things will be done correctly, but will also help you navigate the often intricate and confusing legal issues that can arise when drafting, finalizing, and executing a surrogacy contract. In a recent blog post, Richard Vaugn, Esq., a fertility law attorney and the founder of International Fertility Law Group, outlined five of the most important reasons for working with a surrogacy lawyer. In the post, Vaugn covers the following points:

  1. A fertility law attorney will be your guide throughout the entire legal portion of the surrogacy process, ensuring that your path to parenthood runs as smoothly as possible.

  2. A fertility law attorney understands the ins and outs of surrogacy law across local, national, and international jurisdictions. The importance of this cannot be understated, as surrogacy law varies widely from state to state and country to country.

  3. A fertility law attorney is knowledgable about any new laws about assisted reproduction and fertility. As assisted reproductive technology becomes more advanced and accessible, fertility laws that establish the definitions of family and parentage are subject to constant change.

  4. A fertility law attorney understands exactly what needs to be established in a surrogacy contract and will work with you to create a legally enforceable agreement. Although it may seem like a templated contract will be sufficient, each surrogacy case is different and requires an agreement that will address the specific parameters of your unique circumstance. This includes details such as the surrogate’s intention, the surrogate’s rights in regards to her health, confidentiality, post-birth contact, and more.

  5. Perhaps most importantly, a fertility law attorney will bring you peace of mind and protect your family.

Too many things can go wrong if you try to handle the legal aspect of surrogacy on your own or with the help of an attorney who has very limited experience with third-party reproduction law. Your family building or surrogacy experience is far too precious to not have a legal expert guiding you through the process. For a more in-depth explanation of why you need a surrogacy attorney, read Vaugh’s full blog post.

As part of our process, West Coast Surrogacy always connects our intended parents and surrogates with fertility law attorneys so that everyone can feel at ease as they embark on a beautiful journey together. To learn more about West Coast Surrogacy and our boutique-style services, contact us today.