All about
Surrogacy
The experienced surrogacy lawyers at Herrin & Leach can ensure that your rights are protected throughout the process. Both types of surrogacy involve a woman who selflesssly chooses to carry a child for those who cannot carry to term.
If you are considering surrogacy, whether you are looking to build your family or are interested in becoming a surrogate, it is important to understand the process and your legal rights.
Gestational surrogacy involves a surrogate who is implanted with an embryo containing the intended mother’s egg and the intended father’s sperm (or potentially a donor). It is important to consider the parental rights of all parties involved (and their presumed parental rights under Indiana law) and work to ensure that the couple that all parties desire to be the child’s legal parents is on the initial birth certificate. Surrogacy contracts can be complicated and include many details. It is important to consult with a lawyer experienced in drafting and reviewing surrogacy contracts to ensure that each party’s rights are adequately protected.
I also work closely with intended parents seeking a gestational carrier for their child and with surrogates who desire to help a couple realize their dream of having a child of their own. Please contact me to discuss options if you are considering being a surrogate or need assistance locating a surrogate.
Indiana Surrogacy Law
There are two parts to the legal process when entering into a surrogacy agreement in Indiana: the contract and the establishment of the parents. According to Indiana law, surrogacy agreements are declared to be against public policy and are unenforceable. This does not forbid the act of surrogacy even if the contracts are considered unenforceable. In fact, surrogacy happens regularly in Indiana and the dreams of intended parents are fulfilled.
Parentage should be established with a pre-birth order so that the intended parents can assume all parental rights of their child. An experienced attorney will file all necessary petitions that will protect all of the parties involved. This will make sure that the intended parents are on the child’s initial birth certificate and not the surrogate mother.
Requirements for Surrogacy
There are no legal requirements regarding the health of a surrogate mother; however, in good practice there parameters in place to ensure the best outcome for a safe and healthy pregnancy and delivery. These requirements often include:
- Between the age of 21-40
- Have had a healthy pregnancy and delivery of at least one child on her own
- Is raising or has raised a child that she delivered on her own
- Lives in a stable household free of drugs, cigarettes, and alcohol
- No criminal history
- Have a healthy BMI
- Have a valid driver’s license and reliable transportation
- Is free of STDs and other transmittable diseases
- Have access to previous medical records and willing to submit them for matching and eligibility
- Not a recipient of any state or federal financial assistance
Surrogacy is a private and sensitive process that can be emotional for all parties involved. Often times, intended parents turn to surrogacy after suffering infertility for an extended period of time. Because of the sensitive nature of surrogacy, there are many screenings and requirements that candidates must go through to provide the best opportunity for a safe and successful journey.
Surrogacy
Legal Guidance
Protect Your Parental rights
In gestational surrogacy, the baby will be carried to term and then released to the intended parents for them to raise as their child. You should always contact a lawyer to help guide you through the steps. Surrogacy is a complicated process and can have many legal implications if not done incorrectly. This is even more true when surrogacy arrangements cross state lines and involve conflicting laws. Always protect yourself and your rights by obtaining a lawyer who is experienced in surrogacy.
Surrogacy Process
A women who wishes to serve as a gestational surrogate must first sign a gestational surrogacy contract. It is important to consider the parental rights of all parties involved in gestational surrogacy. An experienced attorney can help you ensure that the intended parents will be on the child’s initial birth certificate. If this is done appropriately, it is possible to obtain a pre-birth order that identifies the intended parents as the child’s natural parents and fulfills the intentions of all parties involved. The lawyers at Herrin & Leach, LLC work with the hospitals in Indiana to generate the child’s initial birth certificate in accordance with the parties’ desires.
Screening for Surrogates
Often times, individuals and couples who are wishing to utilize a surrogate will do so through a surrogacy agency or lawyer. These agencies will screen qualified applicants and match them with intended parents. The screening process is different with every agency and/or lawyer. Typically you must meet specified requirements as listed below in order to be selected as a qualified surrogate candidate. The more information that you disclose provides us with an opportunity to better meet your needs. The most effective way to screen and match candidates is to align each individual’s medical, legal, and emotional needs.
The Surrogacy Process
There are often have a series of steps to be used to find and match surrogates with intended parents. These include:
- Application and Evaluation: It is best to screen applicants and choose the ones who meet all of the qualifications. Often times an evaluation is performed to ensure the surrogate is in good physical and mental health.
- Match with Intended Parents: it is best to attempt to match surrogates with intended parents who have similar characteristics and values.
- Medical Work-Up: Surrogates will meet with the intended parents and a physician to perform assessments to ensure a healthy pregnancy and baby.
- IVF Cycle: Surrogate mothers are given a full list of instructions and details about the surrogate medications and processes, any necessary protocols and restrictions, and expectation during the entire process from hormone therapy to the insemination.
- Pregnancy & Delivery: Surrogate mothers are encouraged to lead a healthy, nutritious lifestyle. Delivery of the baby is special for the surrogate as well as the intended parents
Preparing for Surrogacy
Before beginning surrogacy in Indiana, it is important to understand and consider the financial obligations and risks that are associated. There are fees that the intended parents typically pay for the surrogate mother. There is typically an initial fee on top of all of the expenses associated with the pregnancy and birth such as medical fees, maternity clothes, vitamins, food, and legal fees. Fees vary from case to case and will depend on the surrogacy relationship.
It is also important to evaluate the potential medical and emotional risks that are associated with surrogacy. The pregnancy can end in a complicated birth or cesarean section. There is also risk of premature birth, fetal death, or death of the surrogate that must be weighed in with the risk. Always take the time to reflect on these decisions and ensure that you have a plan for how to deal with these situations should they arise.
Adoption + surrogacy is
Our Speciality
At Herrin & Leach, we have the necessary experience in reproductive law in the state of Indiana and will provide legal advice that helps intended parents and surrogates understand the potential legal risks that are involved with their surrogacy arrangement and put them into contracts to help minimize the risk. We offer free, no obligation consultations for all of your surrogacy questions. Protect yourself today and contact our office before making a decision about surrogacy.
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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a a free, confidential meeting with a Nate, please call 317-566-2174 or complete the form below.