Surrogacy

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How do you pick a surrogate? What do you need to think about when writing a contract? What legal issues do you need to consider? Our guest is attorney Theresa M. Erickson, a nationally recognized expert in Family Formation Law, especially third party reproduction such as surrogacy and egg donation. She is the Founding Member of the American College of Assisted Reproduction and Adoption Lawyers, and the lead author of Assisted Reproduction, the Complete Guide to Having a Baby with the Help of a Third Party.

Highlights of the show (click to expand)
  • Advantages and disadvantages of using a known surrogate.
  • Advantages and disadvantages of using an agency to find a surrogate.
  • How to find a reputable agency?
  • How to find an attorney that specializes in surrogacy contracts?
  • What to include in the contract?
  • The need for both the intended parents and surrogate to have separate legal representation.
  • If the surrogate lives in a state where the law is not conducive to surrogacy, can the surrogate go to a more surrogate friendly state to give birth?
  • Is it possible for the intended parents to be listed on the original birth certificate?
  • How to insure that intended parents will have full parental rights over the child from birth?
  • Is it necessary for the surrogate to terminate parental rights?
  • In some states, must intended parents go through an adoption to gain parental rights?
  • How to choose a surrogacy agency?
  • How expensive is surrogacy?
  • What is included in the surrogacy cost?
  • What hidden fees should you look for in surrogacy arrangements?
  • Red flags to notice when choosing a surrogate.
  • Can you really save money by going abroad to find a surrogate? What are the risks of using a surrogate from another country?
  • How can you avoid some of the legal risk to surrogacy?

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Image credit: J.Star