So what exactly is surrogacy? Well the first thing you need to know is that there are two or three people involved in the process. A “surrogate” is a woman who agrees to carry a baby for another person or another couple, the intended parents.
This couple likely has entered into a surrogacy contract with the surrogate mother defining the rights and responsibilities of all parties involved. Often times, the intended parents are infertile or same sex couples, but there are many other situations where a couple or even an individual may want to have a child through the surrogacy process.
The next thign you need to know is the kind of surrogacy. There are two options, traditional surrogacy and gestational surrogacy.
Traditional Surrogacy occurs when a surrogate mother is artificially inseminated by the intended father or sperm donor. In this instance, the surrogate mother is the biological mother of the child, as her own egg is utilized in this traditional surrogacy method.
Gestational Surrogacy is achieved through the in vitro fertilization process. In vitro fertilization is the process whereby an egg (either from the intended mother or an egg donor) is removed and fertilized with the sperm of the intended father or a sperm donor. The woman’s eggs are fertilized outside of the woman’s body, and then implanted into the surrogate mother, who carries the child for the intended parents.
In order to make sure you are protected, a couple seeking to have a child via surrogacy should consider drafting a surrogacy contract. This is an important document to obtain, and gives the couple the peace of mind of knowing that all of the important parentage issues are laid out in a legal document.
If you are thinking about surrogacy as option for starting your own family, contact our attorneys at Lisa Marie Vari & Associates, P.C. We can discuss all of your options as well as draft a surrogacy contract if you choose to have a child through the surrogacy process. For more information or to schedule a consultation, contact us today.