Legal Updates
Power up!
×Find a surrogacy lawyer in your home state or country early on in your process who can help guide you through the steps and point out legal red flags along the way. They may also refer you to a lawyer in another state or country if needed.
NEXTPower up!
×Find a surrogacy agency early. Your lawyer may be able to give you resources and guidance on ethical, reliable agencies.
NEXTStep 3
×Find a fertility doctor you trust. If you powered up and already have a lawyer, ask your lawyer to review any gamete/embryo cryopreservation/disposition agreements the clinic may have you sign.
NEXTStep 4
×Complete any sperm analysis, STD testing, genetic screening or other medical screening that your fertility clinic requires of you.
If you already have an egg donor, head to the right and skip the egg donor pool.
If you don’t have an egg donor, dive on in!
I have a donor! I don't have a donor!Step 5A
×Find a resource to help you locate an egg donor (an agency or a clinic).
If you powered up and already have a lawyer, ask your lawyer to review your agency agreement and give you guidance before you sign.
NEXTStep 5B
×Climb the ladder and skip the egg donor pool if you have a friend or family member who will donate their eggs to you.
NEXTPower up!
×If your agency and fertility clinic don't require it, still do a session with a mental health professional who focuses on third party reproduction - this will help you see the big picture and be one of the many steps you are taking to give your kid a leg up in life.
DONOR PASSED ALL SCREENINGS DONOR DID NOT PASS ALL SCREENINGSStep 9A
×Oh no! Your chosen donor does not pass medical, pysch or genetic screening! Go down the yellow waterslide back to step 6 and into the egg donor pool.
NEXTStep 10
×If you haven't already powered up with a lawyer, select a lawyer you trust in the jurisdiction governing the egg donor agreement. Make sure your donor has a lawyer of their own as well.
NEXTStep 12
×Reading and Review: Read your whole contract carefully on your own and then meet with your lawyer to go over the whole thing together. Make any final tweaks and then, it's the donor's turn!
NEXTStep 15
×Finalize the contract and sign. Some states or attorneys may require that you get the contract notarized or witnessed as well.
NEXTStop
×Do you need to get complications insurance for your donor before you begin? If so, now is the time.
It's also time to fund your escrow account if you haven't done so already.
NEXTStep 19A
×If you haven’t already, find a surrogacy agency you trust. Ask your lawyer to review your agency agreement and give you guidance before you sign. After that, take a dive into the Surrogate Pool!
NEXTStep 19B
×You've drawn the awesome friend or family member card!
Climb the ladder to skip the surrogate pool if you have a friend or family member who will act as your surrogate.
NEXTSTOP!
×Double check with your lawyer to make sure that your surrogate will be a good match for your legal needs based on where you live and where your surrogate lives.
If you live outside the United States, make sure that your lawyer in your home country advises you on:
Power up!
×If you haven't done one yet, consider a session with a mental health professional who focuses on third party reproduction - this will help you see the big picture and be one of the many steps you are taking to give your kid a leg up in life.
NEXTOh no!
×Your chosen surrogate does not pass medical or psych screening! Go down the yellow and red waterslide back into the surrogate pool.
NEXTCongrats!
×Your surrogate passed medical and psych screening! Time for contracts. Also, make sure your surrogate has chosen a lawyer.
NEXTStep 25
×Have your surrogate's health insurance reviewed to find out if it will cover surrogacy. If not, find and enroll her in a suitable plan.
Simultaneously, now is a good time to make sure your other insurance plans are in place - insurance for the baby, life insurance for the surrogate, and possibly disability or loss of organ insurance for the surrogate.
NEXTStep 27
×Read and Review: Read your whole contract carefully on your own and then meet with your lawyer to go over the whole thing together. Make any final tweaks and then, it's the surrogate's turn!
NEXTStep 30
×Finalize the contract and sign.
Some states or attorneys may require that you get the contract notarized or witnessed as well.
NEXTSTOP!
×Do you need to get life insurance or any other insurance for your surrogate before you begin? If so, now is the time.
It's also time to fund your escrow account if you haven't done so already.
NEXTStep 33
×Follow your pregnancy journey. Keep in touch with your surrogate, agency, doctors, and lawyer.
NEXTStep 34
×You've passed the first trimester! Time for your parentage judgment. If you haven't already given your lawyer your due date, do so now.
NEXTSTOP!
×Do you and the surrogate not live in the same states in the US?
Make sure you consult with lawyers where both of you live to make sure that you are getting all of your legal needs met in both places and to determine the best place to file for your parentage judgment.
In California, you can get a parentage judgment before the child's birth. In other states, you may need to get a parentage judgment and/or adoption order after the birth.
NEXTStep 36
×Let your lawyers navigate the murky waters of the judgment jungle.
They will draw up the papers and get everyone's signatures and submit everything to the court. Some courts may require a hearing, while others may not. Ask your lawyer for details on what the process will entail.
NEXTStep 38
×If the judgment is issued before the baby is born, work with your agency or lawyer to submit it along with insurance information, powers of attorney and any other paperwork requested by the hospital in advance of the birth.
NEXTStep 39
×Labor and delivery! Get to the hospital! The judgment should guide them on how to fill out the birth certificate.
NEXTStep 41
×Get the child's birth records.
International clients: Arrange for passports and travel visas.
NEXTStep 42
×Major step -- Go home and let the magic begin!
This tool is meant to be a helpful general resource and is based on the process in California. This is not legal advice, and you should consult a local family formation attorney to discuss how things may look in the states/countries that may be in your family building journey.
