Assisted Reproduction Law and Surrogacy Contracts in Northern Virginia
What is a Surrogacy?
A surrogacy is usually a process by which a woman bears a baby for a set of intended parents. Surrogacies are good options for people who have exhausted natural means of conceiving a child, and other forms of fertility treatments. It is a very simple concept, with a complicated set of regulations to follow. A successful process often involves the approval of a contract by the Circuit Court where one of the parties resides. Intended parents and surrogates in Northern Virginia surrogacy proceedings are required to obtain psychological and medical evaluations, enroll in counseling, and provide medical proof of certain requirements mandated by statute, among other things, to have their agreement approved and proceed with the surrogate pregnancy.
Who are the parties?
In proceedings involving Northern Virginia surrogacy contracts, the parties are usually the surrogate mother, her husband, if she has one, and the intended parents of the new baby. The surrogacy process encourages transparency and requires consent from all parties, especially the husband of the surrogate mother. Other persons and organizations that may become involved in the process are mental health professionals, physicians, local Departments of Social Services or child-placement agencies, and social workers. Each actor plays an important role in the successful completion of the surrogacy process in Northern Virginia that involves court approval of a surrogacy contract.
What is the Process to Obtain a Surrogacy Contract in Northern Virginia?
The first step in the process should be to obtain proper advice from an experienced family law attorney. The contract is just one step in the process. In Northern Virginia, prior to a surrogacy contract being approved, a home study must be completed similar to the one a couple adopting a child would undergo. In surrogacy proceedings, both the intended parents and the surrogate must undergo the home study. Attorneys are appointed for both the surrogate mother (though in most cases she could hire a private attorney), and for the child that will be born as a result of this process. Payment in excess of certain allowable medical and other necessary expenses is prohibited for the surrogate mother. The contract typically contains provisions for what would occur in the breakdown of the surrogate relationship or termination of pregnancy. The surrogacy process in Northern Virginia is a complicated process, that hopefully results in court approval of the surrogacy contract. At that time, the surrogate mother and intended parents would have one year to attempt the surrogate pregnancy.
What do I do if I Want Someone to be my Surrogate Mother?
Again, the best place to start is with an experienced family law attorney. This blog post provides very basic information that is part of a larger, much more complicated process. The surrogate mother is not only subject to mental and physical examinations, but in cases where you obtain a court-approved surrogacy contract, she must also have already had one successful pregnancy. This is one of many things to know.
DiPietro Family Law Group is prepared to assist with your needs related to assisted reproduction and surrogacy.
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