Looking at the surrogacy legal process
Surrogacy involves much more than the medical aspects of the journey. The surrogacy legal process is equally important. Although it is complex, our Las Vegas surrogacy experts can help guide you and find the right professionals to help simplify the process. The Fertility Center of Las Vegas (FCLV) is here to demystify the surrogacy journey for you.
The main steps of the surrogacy legal process
When it comes to the surrogacy legal process, there are several important considerations. These include the surrogacy contract and the pre-birth order. For your convenience, our Las Vegas surrogacy experts have explained these components below.
Before the embryo transfer, you and your surrogate must have an experienced attorney create a surrogacy contract. This document outlines two important legal issues.
- The first is finances, including the surrogate’s compensation, payments for medical care and related expenses, and additional compensation if complications occur.
- The second is the surrogate’s basic responsibilities and your rights. This may include the requirement to abstain from alcohol and tobacco, as well as outlining who will be present at prenatal appointments and the birth.
The next step is establishing you and your partner as the baby’s legal parents. This process varies depending on state law. Thankfully, Nevada is one of the most surrogacy-friendly states in the country. This means that your attorney can file a pre-birth order, which speeds up the legal process and allows you to be listed on your baby’s birth certificate. This is true whether you are married, single, straight or gay.
Exploring adoption and other post-birth legal procedures
In some cases, you may need to follow other adoption or post-birth legal procedures as part of the surrogacy legal process. In states that are less surrogacy-friendly than Nevada, you and your partner may need to take additional steps after your baby is born. Here are some examples.
- When a baby is born from surrogacy and donor eggs or sperm, the parent who did not provide their genetic material may need to complete a stepparent adoption.
- In the case of surrogacy and embryo adoption, a full adoption may be required.
Talking to your attorney about the adoption laws in the state where your baby will be born can help you find out what legal requirements you need to meet to be the legal parent of your child.
If you have additional questions about the surrogacy legal process, contact our Las Vegas surrogacy experts. We will be happy to help you.