Legal Secrets of Surrogacy No One Tells You!

Eran Amir

CEO and Founder of GoStork

Building a family through surrogacy is an extraordinary journey—a path filled with hope, love, and, yes, legal paperwork. Yet, for many intended parents, the legal side of surrogacy feels like an afterthought—until it isn’t. From understanding contracts to navigating (oops, let’s reword that), understanding state laws, legalities shapes every step of the process.

Here’s what no one tells you about surrogacy laws and how you can approach them with confidence.

Surrogacy agreements aren’t just a formality—they’re the bedrock of the entire process. These contracts protect you, your surrogate, and most importantly, your future child. They clarify roles, responsibilities, and what happens if the unexpected arises.

Take it from me: when my partner and I began our surrogacy journey, we thought we could skip ahead to the exciting part—meeting our surrogate. But after a late-night call with a friend who had faced a legal dispute over parental rights, we realized the paperwork wasn’t just important; it was critical. Our lawyer caught potential issues we hadn’t even considered, like ensuring our parental rights were locked in before the birth.

Key Documents Every Intended Parent Needs

  1. Surrogacy Agreement
    This lays out everything from medical procedures to compensation, covering every “what if” scenario. Without it, you’re flying blind.
  2. Parental Rights Paperwork
    Depending on the state, you’ll need pre- or post-birth orders to legally establish your rights as parents.
  3. Birth Certificate Updates
    Post-birth, you’ll update the baby’s birth certificate to reflect your names as the legal parents.

State-by-State Surrogacy Laws: Why They’re a Puzzle

In the U.S., surrogacy laws vary drastically by state. Some states, like California, are surrogacy-friendly, while others, like Michigan, outright ban compensated surrogacy. This patchwork of regulations can create confusion—and potential pitfalls.

The Importance of Choosing the Right State

If you’re in a state with restrictive laws, you may need to work with a surrogate in a surrogacy-friendly state. This impacts everything from travel to legal fees.

Pro Tip: Use GoStork’s surrogacy law map to identify states where surrogacy is legal and straightforward.

What Surrogates Legally Commit To

There’s a common myth that surrogates can change their minds and keep the baby. Let’s clear that up: they can’t. Once contracts are signed, surrogates waive any parental rights. These agreements also address:

  • Abortion and Selective Reduction: The surrogate’s stance on these procedures is outlined upfront to avoid conflicts later.
  • Medical Decisions: Who has the authority to make medical choices during the pregnancy.
  • Carrying Multiples: Whether the surrogate is open to carrying twins or more.

International Surrogacy: A World of Opportunity—and Risks

Some intended parents look abroad for surrogacy, drawn by lower costs or faster timelines. But international surrogacy comes with unique legal challenges.

The Risks of Overseas Surrogacy

  • Legal Gaps: Some countries lack clear laws protecting intended parents.
  • Citizenship Hurdles: Bringing your baby home can involve complex immigration paperwork.
  • Uncertain Contracts: Legal agreements in other countries may not hold up in U.S. courts.

At GoStork, we work only with trusted international providers to minimize risks. If you’re considering this route, consult an experienced lawyer familiar with both U.S. and international surrogacy laws.

The Hidden Costs in Surrogacy Agreements

Let’s talk dollars and cents. While you might know the big-ticket items like agency fees and surrogate compensation, many parents are caught off guard by smaller, hidden costs.

Examples of Overlooked Expenses

  • Additional Transfers: If the first embryo transfer fails, you’ll need to pay for subsequent attempts.
  • Travel Expenses: Surrogates traveling for procedures or appointments can rack up significant costs.
  • Insurance Gaps: Additional coverage for your surrogate may be required.

Using GoStork’s cost transparency tools, you can see exactly where your money is going and avoid unwelcome surprises.

A good surrogacy lawyer is worth their weight in gold. They’ll guide you through contracts, ensure compliance with state laws, and protect your interests every step of the way.

What to Look for in a Lawyer

  • Experience: Choose someone with a track record in third-party reproduction.
  • Transparency: They should be upfront about costs and timelines.
  • Advocacy: Look for someone who will champion your needs.

GoStork’s concierge service can connect you with top-rated lawyers and help simplify your search. Trust me, having the right partner makes a world of difference.

Preparing for the Unexpected

Surrogacy rarely goes 100% according to plan, and that’s okay—as long as you’re prepared. Contracts should cover potential hiccups, like:

  • What happens if the surrogate has a health complication?
  • Who decides on medical interventions if the baby has a condition?
  • What if the surrogate backs out before the transfer?

With the right legal groundwork, these scenarios don’t have to derail your journey.

Wrapping It All Up

Surrogacy is an incredible path to parenthood, but its legal complexities can’t be ignored. The good news? You don’t have to tackle them alone. With GoStork’s tools, resources, and expert connections, you can navigate (oops, rephrase again) simplify the process and focus on the joy ahead.

Ready to take the first step? Explore GoStork today to start your journey with confidence and clarity.