Understanding Surrogacy in Arkansas

The legitimacy of surrogacy in the USA is actually still an on-going controversy. In addition to having surrogacy legal in some states in the US, it is the rules concerning the treatment that complexes the matter, and also increases inquiries coming from different communities in the country. Once you and your partner have decided to sign up for surrogacy services, you will need to familiarize yourself with information regarding surrogacy laws and legal issues per state. This will ease a little of the overwhelming feeling you are bound to get once you start your research on the topic.

The Basic Elements of Surrogacy Agreements

A legal professional with an extensive knowledge of Surrogacy laws is a key participant that will assist you in coming up with a contract with your surrogate. It is ideal to have independent or separate lawyers as well.

Having a list similar to the one below is important to outline the items that are essential to be agreed upon with your surrogate.

1. Names of parties involved, namely, the couple and the surrogate.

2. Must be of Legal Age.

3. Number of attempts.

4. The process of achieving surrogate’s pregnancy, like “no sexual intercourse.”

5. Agreement to sustain and continue the pregnancy.

6. A declaration that the mother cannot conceive a child and sustain a pregnancy.

7. Statement of in depth medical and mental condition of the woman who carries the intended

parents baby as agreed.

8. Medical insurance for all parties involved in the placement of the embryo.

9. Modern technology or practices involving the placement of the embryo.

10. Close monitoring and checking of surrogate’s activities as well as medication ingested.

11. Agreement on regular prenatal medical health care

12. Restriction on surrogate’s activities that may be considered threatening to pregnancy and the

birthing process.

13. Parental rights of the surrogate.

14. The presence of the couple during birth.

15. Legal or physical custody of the surrogate and the couple once the child is delivered.

16. Financial considerations before, during, and after pregnancy.

17. Confidentiality terms.

The items discussed above covers much of what is needed, but it is better to consider other factors to help you prepare for cases that you are not yet aware of. Planning ahead is critical at this stage to avoid having problems that will not only affect you but also the child‘s welfare.

Surrogate’s Compensation

The surrogate’s pay is one of the many issues to expect when deciding to opt for surrogacy. This answers the question on how just how much a surrogate is entitled to. It also covers the schedule of payment – before and during pregnancy checkups and medications, child delivery, and after birth. Expect more issues to arise if the childbirth is complicated or compromised due to medical issues. Given this, it is strongly advisable for all possible cases to be anticipated and covered, which includes fiscal commitments and insurances. Take note as well that whatever compensation a traditional or gestational surrogate gets, it is important to know that they are not an employee. Even if the surrogate does it for free, they are still not qualified under the definition of employee-employer relationship.

Gestational or Traditional Surrogacy

It is essential to know the difference between these two types of Surrogacy procedures. Traditional Surrogacy is the process wherein the surrogate undergoes artificial insemination or IVF by combining the surrogate’s eggs with the sperm of the donor. In this case, the surrogate has a genetic connection to the child, which could be very risky because of the said genetic link.

Gestational Surrogacy on the other hand, is the process wherein the surrogate carries the pregnancy and delivers the child from an already fertilized embryo. The egg and sperm are from the couples who request the help of a surrogate. In this case, the surrogate serves only as a carrier for the child, and there is no genetic link involved.

Legal Matters Post-Birth Adoption

There are still many legalities to be checked and agreed upon prior to or after the child’s birth. In many states, legal courts allow the intended parent’s name directly indicated on the child’s birth certificate. In other states, the surrogate’s name is the one placed on the birth documents, which can be amended in the future when the order for the intended parent’s come and be listed. Some states allow pre-birth order, however only under certain conditions. The main point is to know and understand the laws of each state in terms of surrogacy.

Intended Parents 101

Intended Parents 101: Common Questions Answered

Understandably, intended parents tend to have a lot of questions. Here are three (and their answers!) to get you started:

Why do I need a legal surrogacy agreement?
A legal surrogacy agreement – your surrogacy contract, that is, drafted by a specialized surrogacy attorney – attempts to cover all the “what ifs” in the process, addressing every issue that may arise.

For example, what if the surrogate changes her mind and wants to keep the baby? What if the intended parents split up while the surrogate is pregnant? What if the surrogate is pregnant with multiple fetuses? A well-drafted surrogacy agreement will answer all these questions (and many more), and be clear as to each party’s intent. The agreement should not only cover the important details of the arrangement but also establish each party’s legal rights and address their responsibilities too.

Can I use a ready-made contract I found on the Internet, or create my own?
This is very heavily not-recommended. A surrogacy agreement or contract is more complicated than you may think. The costs you anticipate saving by preparing the agreement yourself do not begin to outweigh the risks or legal consequences for a poorly drafted agreement.

Most of the agreements found on the Internet are too general in nature. Not only do they lack case law as they pertain to your specific surrogacy journey, they almost never provide enough protection for all involved parties or detail the specifics of your surrogacy arrangement.

The best and most practical way to get a well drafted surrogacy contract would be to enlist the help of a reliable surrogate agency that has years of experience and can provide a solid reliable reproductive lawyer.

What is required to ensure I am my child’s legal parent?
So, you have an agreement drafted by a legal professional, you’ve had the transfer, your surrogate is pregnant and you’re a few months away from realizing your dreams! Now what? Besides the decorating, shopping, baby shower and all-around giddiness you feel every day knowing your baby is on the way, you must again return to the legal issues and obtain a judgment of parentage which declares the Intended parent(s) the parent(s) and gives them all legal rights and adjudges that the surrogate and her husband (if any) have no legal rights.

Typically, this judgment is obtained pre-birth. There are some situations where your attorney may suggest that one parent needs to “adopt” the child. When you meet with your attorney, they will advise you on which manner you must proceed. Legally, this is your final step.

Once the judgment is obtained, your attorney will forward a certified copy to the hospital your surrogate will be delivering at and it is always best to keep an additional copy in your hospital bag and then just wait for the glorious day of your child’s birth.

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