West Palm Beach Gestational Surrogacy Lawyer
Advances in medical technology have made it possible for many people who were previously unable to reproduce naturally to conceive a healthy biological child. This may require that the intended mother go through the process of in vitro fertilization herself; however, in many cases, a gestational surrogate is required to carry the baby to term. Creating a binding contract with a woman who agrees to be a couple’s surrogate is a complex legal process, so if you or a loved one are considering surrogacy, it is important to contact an experienced West Palm Beach gestational surrogacy lawyer who can streamline and simplify the process.
Assisted Reproductive Process
Once a gestational surrogate agrees to become pregnant through the use of assisted reproductive technology, she undergoes a series of tests and procedures. This process includes the completion of one of a variety of different procreative procedures, such as in vitro fertilization. However, all of the procedures require the intended couple’s eggs, sperm, or pre-embryos to be handled in a laboratory setting. In a gestational surrogacy, only the eggs or sperm of at least one of the intended parents are used. Once the egg is fertilized in vitro, the resulting pre-embryo is implanted.
Gestational Surrogacy Contract
In Florida, to create a legally binding relationship between the intended parents and a gestational surrogate, both parties need to sign an enforceable gestational surrogacy contract. In order to be considered valid and binding, the surrogate must be at least 18 years of age. Furthermore, the commissioning couple must be legally married and also over the age of 18 years.
A commissioning couple is only allowed to form a contract with a surrogate when:
- The intended mother cannot bring a pregnancy to term;
- The pregnancy would create a health risk for the intended mother; or
- The pregnancy would cause a risk to the health of the fetus.
The determinations as to the health of the mother and fetus and the likelihood of gestation must be made with reasonable medical certainty by a licensed doctor.
Required Provisions
Any gestational surrogacy contract must include provisions stating that the surrogate:
- Will be the only person who can consent to clinical intervention and management of the pregnancy;
- Will complete a medical evaluation and follow medical directions about the health of the fetus;
- Agrees to give up any parental rights when the child is born; and
- Will take responsibility for the child if it is determined that neither of the intended parents is the genetic parent of the baby.
The commissioning couple must also agree to accept custody of the child after the birth, whether or not there is any physical or mental impairment. Finally, the couple need only agree to paying the reasonable living, legal, medical, and psychological expenses of the surrogate if they are directly related to the pregnancy.
Pros and Cons of Gestational Surrogacy
Gestational surrogacy is when a woman carries and delivers a baby for someone else. However, it is slightly different from traditional surrogacy, where a woman uses her own egg and is artificially inseminated. With gestational surrogacy, the woman is carrying a child that was conceived using the egg of the intended mother (or a donor), and sperm from the intended father (or a donor).
Considering surrogacy of either type is an emotionally charged decision and a complex legal process. It is crucial to weigh potential pros and cons, as well as contact an experienced West Palm Beach family lawyer who can guide you through the process.
Who Might be a Good Candidate for Gestational Surrogacy?
Using a gestational surrogate may be ideal for women with certain problems like lack of a uterus or problems with their uterus. A woman who cannot safely carry a pregnancy to term would benefit from a gestational surrogacy. People who have tried other fertility treatments with no success may also look to surrogacy, as well as same-sex couples.
Potential Pros to Gestational Surrogacy
For many couples, the idea of gestational surrogacy is appealing as there is a genetic connection to both parents in most cases. Many surrogates say they prefer gestational surrogacy as there is a lessened risk of attachment to the baby.
Another pro to surrogacy is a higher success rate. Surrogate pregnancies typically have higher success rates due to continuing medical advances, especially when compared to fertility treatments for the intended parents to get pregnant naturally.
Despite this being a complex legal process, involving an experienced attorney removes much of the headache for the involved parties, who can then focus on the pregnancy itself. Having a knowledgeable Florida family law attorney on your side ensures you will get through the process efficiently and legally.
Because there is a legally binding contract involved in gestational surrogacy, there are little to no surprises. All expectations and legal obligations are outlined in the contract up front, so all involved parties know their roles and duties.
Florida law requires the gestational surrogate not be biologically related to the baby, which means the commissioning couple assumes immediate physical and legal custody of the child when it is born. However, some parents may choose to stay in contact with the surrogate and remain in each other’s lives long after the baby is born.
Potential Cons to Gestational Surrogacy
In vitro fertilization (IVF) is a necessary part of gestational surrogacy as the eggs from another person are utilized to create an embryo implanted in the intended surrogate. IVF is an expensive procedure and is often a cost-prohibitive factor for many couples trying to conceive naturally.
Florida law requires that anyone entering a gestational surrogacy agreement be a married couple. If you are a single female or male, or an unmarried couple looking at gestational surrogacy options, you will not qualify in Florida.
When it comes to the pregnancy itself, the intended surrogate has to undergo a pretty complex process to get ready for the pregnancy, which can include hormone injections to suppress her own ovulation cycle. She must abstain from sex, spend a lot of time getting blood tests to check hormone levels, etc.
Obtaining insurance that covers a surrogate pregnancy is often difficult. That means verifying any potential exclusions on maternity coverage is critical. Intended parents may have to purchase a supplemental and secondary policy to cover the surrogate in some cases. Even if the surrogate has kept her legal obligation to maintain maternity coverage, the intended parents can still be on the hook for many non-covered expenses, making surrogacy an even more expensive process.
Contact an Experienced West Palm Beach Gestational Surrogacy Lawyer
If you are considering surrogacy as a means of having a biological child, the advice of an experienced attorney is essential to ensuring that the rights of all parties are protected. Please contact West Palm Beach family law attorney William Wallshein for a free consultation.
