If you are considering becoming a surrogate in New York or New Jersey, you have a lot to think about. There are important legal, emotional and medical issues which must be addressed before you decide to carry a baby for someone else. If you are thinking, “I want to be a surrogate mother,” it’s important for you to receive professional guidance and to educate yourself about the process before moving forward.
The procedure for becoming a surrogate varies depending on the state where you live. New York and New Jersey have very specific surrogacy laws and it’s essential for you to comply with state requirements.
If you have already decided you would like to be a surrogate for someone you know, you can contact the law firm of Rumbold & Seidelman and we’d be happy to provide you with legal guidance throughout your journey. We can be reached at 914-779-1050 or you can complete our online form.
If you are still considering whether to being a surrogate is right for you, we hope you find the information we’ve provided below is a useful starting point.
It’s a good idea to familiarize yourself with the basic legal requirements relating to surrogacy in the state where you live. These laws (or the laws where the intended parents reside) will dictate many aspects of the process. For detailed information about New York surrogacy law, click here, and for more detailed information about New Jersey surrogacy law, click here.
Surrogacy programs match qualified surrogates and intended parents with one another and they also coordinate the many aspects of the surrogacy journey. These services include: locating surrogacy professionals (lawyers, counselors and fertility clinics); coordinating the communication between professionals; arranging for travel to medical appointments; ensuring timely payment of compensation, fees and expenses; and generally supporting the parties along the way. The fees charged for these services are paid by the intended parents. Although these companies are often called “agencies,” they are more appropriately called “matching programs” because they are not regulated in the majority of states. In New York all matching programs must be licensed by the New York State Department of Health.
You’ll not only need to meet state mandated legal requirements but you’ll also need to undergo rigorous medical and mental health screenings to ensure that you are medically, physically, and emotionally prepared to be a gestational carrier. Check out our more detailed discussion of those requirements here.
Once you’ve passed the initial medical/psychological screening, the intended parents attorney should start drafting the surrogacy agreement. You’ll need to have your own attorney review the agreement with you, make revisions at your request and represent you throughout your pregnancy and until the legal process is complete. While your attorney’s legal fees will be paid by the intended parents, your attorney has a professional duty of loyalty to you alone. Gestational Surrogacy Agreements are enforceable in New Jersey and New York provided they comply with statutory requirements. A legally compliant agreement will ensure that the intended parents, and not you, are recognized as the child’s parents from the moment of birth. A well-drafted surrogacy contract details every aspect of the surrogacy journey including but not limited to the financial arrangements, each party’s rights and obligations, the risks everyone is assuming and the legal steps required to establishing parentage.
After you and the intended parents have signed the surrogacy agreement, you can begin the process of becoming pregnant. This will involve your taking medication to prepare your body for the embryo transfer procedure. Surrogates frequently use medical clinics located near their home for the initial stage of the process but the embryo transfer procedure will likely take place at the intended parents’ IVF clinic. The matching program makes the necessary travel arrangements. Once you become pregnant, you will initially be monitored at the IVF clinic and then you will receive your prenatal care from your own obstetrician.
The baby will typically be born at the hospital where your obstetrician has privileges. Since the intended parents should have obtained a pre-birth order of parentage, they will be recognized as the legal parents of the baby from the moment of birth. The intended parents should therefore be afforded the right to make all medical decisions for the baby at the hospital, and they should have the right to select the name for the child.
The baby should be discharged from the hospital directly into the care of the intended parents.
Becoming a surrogate in New York or New Jersey can be legally, emotionally and medically complex. It’s a big decision for any woman to make and one that should only be made after considerable thought and with the guidance of experienced professionals. If you are interested in becoming a gestational surrogate, we encourage you to reach out to us to explore your options; call our law firm at 914-779-1050 or complete our online form[.
