Surrogacy is a remarkable pathway, offering hope, compassion, and boundless possibilities for those unable to have children. It’s a journey that traverses both the emotional and legal landscapes, guided by the expertise of surrogacy and fertility lawyers.
what is surrogacy?
At its heart, surrogacy is a selfless act, an arrangement where a woman, known as the surrogate, carries and delivers a child for the intended parents.
It is a beacon of hope for those who, due to medical reasons or other circumstances, cannot experience pregnancy themselves. Surrogacy bridges the gap between the deep desire for parenthood and the biological realities that may stand in the way.
steps in the surrogacy journey
Surrogacy is not a journey embarked upon lightly. It involves several crucial steps, each marked by its own set of emotions and legal considerations:
1. The Decision: The journey often begins with the intended parents, who, for various reasons, explore surrogacy as a means to expand their family. This decision is a profound testament to their unwavering desire for parenthood.
2. Finding a Surrogate: For many intended parents, finding a surrogate is the next significant step. The surrogate can be a family member or a close friend, or it can involve collaborating with a surrogacy agency to find a suitable surrogate who aligns with their values and vision.
3. Counselling: Both the birth parent and the intended parents undergo counselling, which is essential to address surrogacy’s emotional and psychological aspects. Counsellors provide guidance, ensuring all parties are mentally prepared for the journey ahead.
4. Legal Consultation: This is where the expertise of surrogacy and fertility lawyers comes into play. Lawyers advise both the birth parent (the surrogate) and the intended parents about the legalities of the surrogacy arrangement. They ensure that all parties understand their roles, rights, and obligations.
5. Surrogacy Agreement: A critical step involves drafting and signing a surrogacy agreement. This legal document outlines the terms and conditions of the surrogacy arrangement, addressing issues like custody, guardianship, and financial responsibilities.
6. Medical Procedures: The practical aspect of surrogacy involves assisted reproductive techniques like in-vitro fertilisation (IVF). The surrogate undergoes the necessary medical procedures to become pregnant with the intended parents’ biological child.
7. Pregnancy and Birth: Throughout the pregnancy, the surrogate maintains control over the pregnancy, making decisions related to her health and the pregnancy itself. After birth, the child is legally the child of the surrogate until a parentage order is issued.
8. Parentage Orders: This is a critical legal step that occurs after the child’s birth. It involves applying to the court for a parentage order, which legally recognises the intended parents as the child’s legal parents. This step is where surrogacy and fertility lawyers play a pivotal role.
how lawyers assist in the surrogacy process
Surrogacy and fertility lawyers serve as the legal architects of the surrogacy journey, offering guidance and expertise that is essential at every stage:
1. Legal Consultation: Lawyers advise the birth parent and intended parents about their legal rights, responsibilities, and obligations. They ensure that everyone involved comprehends the legal implications of the surrogacy arrangement.
2. Surrogacy Agreement: Lawyers draft, review, and finalise the agreement, ensuring it complies with all legal requirements. They work to safeguard the interests of all parties involved.
3. Parentage Orders: Lawyers prepare the application for parentage orders, guiding intended parents through the legal process. This step is vital for officially recognising the intended parents as the child’s legal parents.
so, what does it all mean?
Surrogacy is a profound commitment involving emotional, physical, and legal complexities. Yet, it’s a journey that has the potential to create loving families, where dreams of parenthood are realised and the bonds of love are forged, one legal step at a time.
book an appointment
get started with our
Not sure where to start with your legal matter? Let us be your guide. Our Artificial Intelligence gives you information that is free, instant, personalised and helpful. Answer a few simple questions about your situation to receive a free guide outlining a potential pathway forward, with no obligations.