The increasing desire of same-sex couples to have children has seen a rise in the utilization of Assisted Reproductive Technologies. Methods such as surrogacy are quickly gaining traction as a way to ensuring the child is genetically related to one partner as opposed to legal adoption. However, modern-day same-sex surrogacy agreements have created a unique gap in the law of child custody and support. There have been instances where major legal problems have arisen due to surrogacy issues. In some U.S states, surrogate mother contracts are illegal and entering them could result in criminal charges. With the constantly evolving surrogacy laws, it is imperative to consult Alabama Family Lawyers for advice and help.
An experienced Attorney can help draft an airtight, enforceable surrogacy contract that encompasses every possible issue or contingency that could arise before, after or during the pregnancy. Since artificial insemination and surrogacy laws vary widely by state, your lawyer will extensively explain your state’s rules and offer advice, consultation and any other form of legal and personal assistance. Alabama Family Law has helped many Gay couples all across the Country to successfully complete their surrogacy process.
- Some of the most commonly asked surrogacy questions include
- Does giving birth to a baby make someone the mother?
- Does the Surrogate have the right to change her mind?
- Who has the right to take precedence when the child has a biological father, mother, surrogate and adoptive parent?
- What if the relationship between the couple who planned to raise the child dissolves before the surrogate delivers?
Alabama Attorneys are here to answer these and more questions. Most of these issues are covered in a typical surrogate contract agreement. However, unique cases of surrogate- couple custody battles give rise to very many legal issues.
What Happens if the Surrogate gets a Change of Heart?
A couple may be in excellent health and spirits while waiting for their child only to get a sudden change of events that will threaten everything you have worked for. While surrogacy involves carrying another’s child and cooperating with the intended parents after birth, there have been numerous cases where the surrogate decides to keep the baby. Without a well-drafted surrogacy agreement, nothing would prevent this from happening.
Alabama Attorneys assist clients in the resolution of custody disputes to protect the best interests of the children. From the starting stages all the way to the baby’s birth, the family law attorneys walk hand in hand with you. Alabama lawyers anticipate possible conflict and work proactively to assert your rights as the child’s parent. This is achieved by clearly expressing intent and terms in an airtight surrogacy contract and following through to ensure the surrogate cooperates with establishing the gay couple as the sole, legal parents of the child. As long as both partners remain faithful to their initial cooperative intent, the process will go smoothly.
ARTs Agreements and Procedures covered in a Surrogacy Contract:
- The gestational carrier consents that the intended parents shall have full custody of the child immediately upon birth
- The intended Parents will accept all the parental rights and responsibilities for the child or children born
- The intended parents shall reimburse the gestational carrier for any incurred expenses during the process
- Once the baby is born, the gestational carrier will relinquish any and all parental rights