How We Can Help You Create a Surrogacy Contract in GA or NC

One of the first things you should know about surrogacy laws in the United States is that every state has its own rules and regulations for the surrogacy process. In order to successfully complete your surrogacy journey, you must work with a surrogacy attorney experienced with surrogacy legal issues in your state — which is where the law firm of Claiborne|Fox|Bradley can help.

Because our law firm is based in the South, intended parents often ask us, “Is surrogacy legal in Georgia?” or “Is surrogacy legal in North Carolina?” Surrogacy is indeed legal in these states, and our surrogacy attorneys can guide you through all of the surrogacy laws and processes required to protect you and your surrogate during this journey. You will always need a surrogacy attorney before starting your family-building process, so make it easy by contacting our law firm today at 404-442-6969.

But, what exactly are all the legal issues with surrogacy that an attorney will guide you through? Our professionals can always answer your questions about your particular situation, but we’ve also listed the basics you need to know below.

In general, the most important aspect regarding the legality of surrogacy is your surrogacy contract.

What is a Surrogacy Contract?

A surrogacy contract, also known as a surrogacy agreement, is a legal document that sets expectations and responsibilities for the rest of your surrogacy journey moving forward. It must be drafted by two attorneys representing each separate party to ensure their rights and surrogacy goals are properly addressed. It can be a lengthy process, but it is not one that you can forgo or attempt to complete on your own.

Gestational surrogacy agreements and traditional surrogacy contracts will vary slightly because of the surrogate’s genetic connection to the baby. In both agreements, the surrogacy rights of each party to the baby are addressed, as well as their rights and protections during the process. The surrogacy contract is crucial in setting forth the steps to take moving forward and ensures both parties are comfortable with the arrangement.

Typically, surrogacy arrangements in Georgia and North Carolina include these aspects:

  • Legal surrogacy rights of intended parents and surrogate
  • Expectations and responsibilities through every step of the process
  • Surrogate compensation and other financial information
  • Risks and liabilities for each party, and the steps to take should they occur
  • Steps to establish the intended parents’ rights through a parental order for surrogacy
  • Agreement on sensitive issues like selective reduction and termination
  • Who will present at prenatal appointments and birth
  • And more

Once you have found a surrogate, your surrogacy attorney will work with you to draft a surrogacy contract based on your goals and needs. When you work with Claiborne|Fox|Bradley, our attorneys will also help your surrogate secure a separate attorney to represent her during this process. We will draft an original contract addressing all the legal issues of surrogacy in your state and then send the draft to your surrogate’s attorney for approval. If they have any additions or changes, they will send the document back to us. This process will repeat until the surrogacy arrangement is agreed upon by both parties.

Only after your surrogacy contract is finalized and signed will you be able to proceed with the medical process of embryo transfer.

Why You Need a Surrogacy Contract from an Attorney

Sometimes, intended parents look to avoid the costs of hiring a surrogacy attorney by creating an independent contract through a sample surrogacy contract found online. However, we strongly advise against this path, as it opens both parties up to extensive legal risks and dangers.

As mentioned, surrogacy laws in Georgia and North Carolina are different — in the sense that there are no surrogacy laws in either state. Therefore, the legal process in each state is different based on the established practices of surrogacy professionals in that region. Because there are no surrogacy laws, trying to create a surrogacy contract without a surrogacy attorney’s guidance means that you will not have the knowledge necessary to properly protect yourself.

In addition, the importance of a surrogacy contract goes beyond just the adherence to local surrogacy laws. It also plays an important role in determining how you, as an intended parent, will protect your parental rights to your child after they are born.

Just because your surrogate will not have a genetic relationship to the child she births does not mean that your rights will automatically be protected. Instead, you must work with a surrogacy attorney like those at Claiborne|Fox|Bradley to obtain a pre-birth order in surrogacy (or another parental order) to protect those parental rights. Again, because there are no stated surrogacy laws in either Georgia or North Carolina, this process will always be determined by your local surrogacy judge. Therefore, you must work with a surrogacy attorney to protect your rights in a legal way.

Trying to create a surrogacy arrangement in Georgia or North Carolina on your own is a risky business. Protect your rights and peace of mind by working with our attorneys, instead.

How Our Law Firm Can Help

We understand that the surrogacy laws and legal issues with surrogacy in Georgia and North Carolina can be complicated. That’s why our experienced surrogacy attorneys are here to make your family-building journey as easy as possible.

When you contact our law professionals, we will explain the legal steps involved in your surrogacy journey, including how to get a pre-birth order and establish your parental rights during your surrogate’s pregnancy. It’s crucial that you contact our law firm early in your surrogacy journey; that way, we can provide the best legal representation for your particular circumstances. We can also refer you to additional local surrogacy professionals, like our surrogacy partner Southern Surrogacy, for other services you may need.

To learn more about surrogacy contracts and our legal services, please call our attorneys at 404-442-6969.

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