Do You Really Need a Lawyer for Your Gestational Surrogacy Agreement?
As you go through the process of building a family, you will receive a couple of unsolicited advice from families and well-wishers alike. Some may be worth thinking about, while others will be plain silly; but there’s one advice you definitely should listen to, and that is the advice of employing the services of a good lawyer. A lawyer that will guide you through the entire process of gestational surrogacy.
Maybe you were planning about managing the legal matters all by yourself, or maybe with the assistance of a friend or even from the internet. Or you are thinking to yourself that you don’t want to go through the stress of finding a lawyer who knows more about supported reproduction law; or you may be trying to save some money, doing all that it takes to cut corners so as to trim the large sum that goes with gestational surrogacy.
Possibly you have decided on a member of your family or a close friend to be the surrogate. And since you’re very close to the said person, you don’t feel getting a lawyer involved is necessary. You may feel that getting a lawyer involved will make your prospective surrogate think that are words are not enough to convince you.
After all it can’t be too hard to find a gestational surrogacy agreement online, right? You’re certain that you can read and totally comprehend the agreement correctly. But despite all your thinking and justification motivating you to ignore hiring a lawyer, there is still one pending question and that is “why take the risk?”
Why take such a risk on something as important as your gestational surrogacy agreement? Why put your happiness and your hope in the hands of an unknown internet user who put up a document that might not be legally binding in the state you live in?
Why gamble with such a possibility that the woman you have entrusted to carry your child might change her mind? It doesn’t matter how close you are to the person in question, relationships can fall apart at any given time. Emotions can run high, or the stress might get to that person, making them make irrational decisions. But with the assistance of a good lawyer, you have a legal way out in case any problem arises during the pregnancy or at the time of birth.
Even if you’re dealing with a surrogate through the help of an agency, you would still need a lawyer. Sometimes the agency might call for it. You would need an expert who knows the parentage laws of your state. In other words employing the services of a lawyer who practices surrogacy or ART law and has a lot of knowledge in the system.
If possible, two lawyers would be needed to draft out the gestational surrogacy agreement. One for the future parents and the other for the surrogate. Be sure to hire an attorney that is genuinely concerned about your wellbeing. However if you’re not going through an agency, and you decide to use a family member or a friend as your surrogate, it is important that you explain too her that hiring her own lawyer is not an act of distrust but rather a precautionary measure that guards her interests as well as yours.