Let’s review the legal process

Surrogacy involves two important legal steps—the contract and the pre-birth court order. Both are explained here.

The Contract

The legal contract is an agreement that you, as the surrogate, have with the intended parent(s). The purpose of the contract is to protect the rights of all parties. For the surrogate, this contract provides financial protection from the medical costs and other costs incurred while pregnant and during the delivery. We ensure proper execution of the contract.

Legal surrogacy contracts include the following provisions:

  • Compensation plan for the surrogate

  • Financial responsibilities of the intended parents

  • Parental rights and obligations

  • Expectations for ongoing contact, lifestyle and birth

  • Plans that everyone has agreed to in case something goes wrong

The Court Order

The court order is a legal petition prepared by the attorney for the intended parents when the pregnancy is between 12 and 20 weeks gestationally. The purpose of the court order is to secure parental rights for the intended parents. It is a legal document that you review and sign. You receive a certified copy that goes with you to the hospital. A copy of the court order is also submitted with the birth certification application. This court order can be in the form of a pre-birth order (PBO), parentage order, or birth order, depending on the state. Your attorney will explain which type of order is applicable to your circumstances. 

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