Fertility, surrogacy and legal contracts
Fertility issues strike as many as one in six couples in the United States. Many explore options to fulfill their dreams of having a family. Adoption, artificial insemination and surrogacy have become viable options for couples who want to build a family.
But seeking alternatives to having a baby means you need to have your legal ducks in a row along the way. Obtaining a surrogate, for instance, means you are relying on a carrier who bring you your child. There are legally binding contracts you and a surrogate (or egg donor) should sign that addresses both parties’ parental rights and responsibilities once the child is born. Nothing is more important than a clear understanding between the surrogate or donor and the prospective parents that any right or presumption of rights to the child are explicitly relinquished.
There are other matters that need to be addressed before an agreement can take place. They include payment, breach of contract, medical expenses, insurance coverage, disposal of excess embryos and any contact between parties in the future. There also are considerations you might not think about at first, including how many tries your surrogate is willing to undergo fertilization to achieve pregnancy and that she agrees not to have intercourse during the pregnancy attempts. The surrogate also should agree in writing that she will not terminate the pregnancy unless her own life is at risk. She also needs to promise in writing that she will not drink alcohol, smoke cigarettes or use illegal while she is pregnant with your child, and that she will eat a healthy diet approved by her obstetrician. The surrogate also needs to agree in writing that she will obtain and attend regular prenatal care both with and without the would-be parents in attendance.
Once the decision has been made to pursue assisted reproduction technology, it is important to contact an assisted reproduction attorney. Since assisted reproduction is a fast-changing field, it is vital that you have an experienced assisted reproduction lawyer in Virginia who can help you keep advised of all of the legal aspects of your situation.
The experienced family law attorneys at the DiPietro Family Law Group have decades of experience handling all types of family law matters and are here to help you.
Contact one of the DiPietro family law attorneys today to schedule a consultation with a caring professional at (703) 370 – 5555, or visit us online.
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