Legal Representation for Gestational Surrogacy

Legal Representation for Gestational Surrogacy 2017-11-16T21:37:03+00:00

Miami gestational surrogacy attorney, Leslie Schreiber, will represent the gestational surrogate or the commissioning couple (also called Intended Parent(s)), in their surrogacy process.  Gestational surrogacy is a complicated process and dependent upon many people and professional requirements.  Whether you decide to pursue your surrogacy arrangement locally in the United States or abroad, Leslie Schreiber can guide you through this process.  Although many intended parents might seek to utilize a foreign surrogate for economic reasons, there are many pitfalls in choosing to go abroad since you are not afforded the legal protections that are common to the United States.  Each state has its own laws governing surrogacy and one should confirm with a surrogate lawyer whether that state has a surrogacy friendly environment.

Before any gestational surrogacy arrangement proceeds, there must be a binding and enforceable contract between the gestational surrogate and the commissioning couple.  The process should reflect  meeting of the minds where all parties collaborate to reach a common goal.  The gestational surrogacy agreement will generally include financial, insurance, escrow, health, pregnancy, confidentiality, privacy, jurisdiction and party issues.    In Florida, the  process is governed by Fla. Stat. 742.15 and sets forth the legal requirements.    A court proceeding is required to affirm parentage under Fla. Stat. 742.16.

Gestational Surrogacy for Same Sex Couples and Single Parents

Surrogacy is available to same sex and single parents.  Since laws in family formation vary greatly it is very important that you have an experienced reproductive attorney guide you through this process.  Miami surrogacy attorney Leslie Schreiber has represented both gestational surrogates or intended parents and is well-versed in the process.  In light of the recent Supreme Court decision allowing for same sex marriage, same sex partners can feel more secure about using the Florida Statutes.

Same sex coupled men and singles may require an egg donor.  Egg donation agreements will also need to be secured between the parties.

Second Parent Adoption process – As an extra measure of security, same sex couples may want to obtain a second parent adoption since the child will be the genetic child of only one party.

Do you want to be a surrogate?  Choosing to be a surrogate is a generous gesture and can be a very rewarding experience.  Surrogates play an active part in helping an intended parent or couple create a family of their own.  Medically, an embryo  belonging to another will be transferred into the surrogate’s uterus through in vitro fertilization.  The surrogate’s primary responsibility will be to carry this baby to term  and, by doing so, she will have helped others fulfill their dreams of having children.