Steps of the Surrogacy Process

Meet with an experienced attorney for an initial consultation and research your options. Ask the attorney questions about the process, realistic options based on your circumstances and estimated costs so you are fully aware of the risks and benefits of surrogacy.

Retain a firm or attorney to assist you in locating a surrogate; or if you are a surrogate, to locate the intended parents. Most attorneys have worked with agencies and can recommend a reputable one for you.

Negotiate and enter into a comprehensive written legal Agreement for Services with the Surrogate (and also her husband, if she has one).

The surrogate must be approved by the participating fertility clinic. Generally, she must have carried previous pregnancies to term without any complications. Further, the baby will still need to be delivered in a surrogacy-friendly state such as Maryland.

The Agreement will cover all the terms of understanding between you and the Surrogate during the time leading up to and through the pregnancy, as well as your understanding about what (if any) contact you will have after the birth. The goal is to have everything spelled out in the contract so that you can then enjoy the pregnancy with your Surrogate.

In order to make the Surrogacy Agreement a viable agreement, you will pay an agreed-upon sum for the Surrogate (and her Husband if she has one) to have an independent attorney represent them in reviewing and negotiating the Agreement from their perspective.

The Agreement will also cover the items necessary for jurisdiction; it will specify where the baby must be born, that the baby will be identified as the intended parents upon birth, and who will be present during delivery.

Your attorney will either obtain a pre-birth order to ensure the intended parents’ names are on the birth certificate, or will promptly file a Petition for Parentage with the court, asking the court to correct the birth certificate so that the Surrogate's name can be removed. This area of the law is still developing as courts are presented with different family types and these requests for the first time.

< Back