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Surrogacy Legal Process for Intended Parents
Ensuring a safe and successful surrogacy journey requires having the right legal support for the protection of the intended parents and their surrogate. Your surrogacy lawyer will provide expertise in the drafting of your surrogacy contract and establishing your parental rights.
Why You Need a Surrogacy Lawyer
At Giving Tree Surrogacy, proper legal protection is how we ensure that your surrogacy journey is built on trust, transparency, and respect for everyone involved.
We work closely with specialized surrogacy and ART (Assisted Reproductive Technology) attorneys across the United States to:
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Draft and review contracts that reflect your intentions and protect your family’s future.
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Coordinate communication between states when your surrogate lives elsewhere.
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Secure pre-birth or post-birth orders, depending on your jurisdiction.
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Offer dedicated support for international parents who need extra legal guidance.
You’ll never have to wonder who’s advocating for you — because we are, every step of the way.
Why A Surrogacy Contract Is Important
A surrogacy agreement outlines expectations of both intended parents and their surrogates, and protects all parties involved.
Your lawyer will work directly with you to draft your contract. This agreement will include:
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Surrogate compensation and covered expenses
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Intended parents’ financial obligations
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Responsibilities for any potential medical complications that may arise
The contract is agreed upon by intended parents and their surrogate – under the guidance of separate lawyers – prior to the journey beginning. Clear agreements reduce stress and help everyone feel confident moving forward.
Your Parental Rights and Birth Orders
An ART lawyer helps to establish parental rights for intended parents. This legal process confirms that the intended parents – not their surrogate – are legally recognized as the baby’s parents from birth and beyond. Even if the intended parents are the biological parents of the baby their surrogate is carrying, parental rights must be established.
Pre-birth Orders vs Post-Birth Orders
A pre-birth order is a court order issued during the pregnancy that states the intended parents are the legal parents of the baby at birth. It establishes that the surrogate has no parental rights to the baby. It also means the intended parents will be listed as the legal parents on the baby’s birth certificate.
Not all states allow pre-birth orders; some states allow post-birth orders. A post-birth order establishes parentage after the baby is born. Lawyers will file paperwork with the courts shortly after delivery, which is usually approved by the court in the following days or weeks.
Why You Need a Surrogacy Lawyer
At Giving Tree Surrogacy, proper legal protection is how we ensure that your surrogacy journey is built on trust, transparency, and respect for everyone involved.
We work closely with specialized surrogacy and ART attorneys across the United States to:
-
Draft and review contracts that reflect your intentions and protect your family’s future.
-
Coordinate communication between states when your surrogate lives elsewhere.
-
Secure pre-birth or post-birth orders, depending on your jurisdiction.
-
Offer dedicated support for international parents who need extra legal guidance.
You’ll never have to wonder who’s advocating for you — because we are, every step of the way.
Legal FAQs
