Having a child is a natural wish of two people who love each other. Unfortunately not every couple can have a child due to different health related issues. The solution of this problem could be surrogacy. Surrogacy occurs when a woman agrees to carry a child for another individual, who then becomes the legal parent of the child at birth. A surrogate mother is a woman who carries and gives birth to the child for someone else or for a couple. The most complicated process is to find a surrogate mother, but sometimes a friend or family member offers to be a surrogate, what reduces the costs of the surrogacy.
There are different types of surrogacy. Artificial insemination occurs when a married woman (with her husband’s consent) conceives a child by artificial insemination from a donor other than her husband. In this cases the law generally recognizes the child as the husband’s legitimate child. In vitro fertilization, literally meaning “fertilization in glass” is a process by which an egg is fertilized by sperm outside the body. The embryo is later placed in the woman’s womb. Embryo transplantation is another form of surrogacy meaning that an embryo is transferred from the womb of its mother to the womb of another female in which it completes its development.
In order to avoid serious legal problems after the baby is born, it is crucial to draft a surrogacy agreement. It should be complex and involve financial, legal, medical and emotional issues. According to the surrogacy agreement the surrogate mother should give up her parental rights to the moment the child is born.
It is important to remember that surrogacy is not just a simple and easy alternative of having a child. This process and all its issues are pretty complicated and complex and surrogacy legislation may vary from state to state. If you are in search of best legal advise, you should come to Legal Bistro and let our qualified lawyers handle your case!