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Essential criteria for surrogacy

Hello there! i am Elizabeth Fairon

I am the Legal Practice Director here at Life Law Solutions in Queensland. Thank you for taking the time to register and watch the surrogacy webinar.

I have been practising family law for over two decades and understand the intricacies surrounding surrogacy. Surrogacy is a remarkable journey, and I am honoured to guide families through the legal process. 

Ready to take the next step? Book your free 15-minute consultation call with myself or my team and get personalised advice for your surrogacy journey. Don’t miss this opportunity to have your questions answered and start your path with confidence!

 

Elizabeth Fairon

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what is surrogacy?

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 lawyers. 

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 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 lawyers play a pivotal role.

how lawyers assist in the surrogacy process

Surrogacy 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.

Overall, lawyers play a vital role in guiding intended parents, surrogates, and other parties through the complex legal landscape of surrogacy arrangements, ensuring that all aspects of the process are handled with care, professionalism, and legal compliance.

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.

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