Navigating The Legal Aspects Of International Surrogacy

To intended parents from other countries who are interested in building families through assisted reproduction technology (ART) or surrogacy in the U.S., Fertility & Surrogacy Legal Group, APC, of San Diego is here for you. We can guide you through legal, ethical and practical aspects of your ART or surrogacy journey in the U.S. and prepare you for your return home with your new baby.

Births through surrogacy and egg donor arrangements have grown in popularity in the U.S. over the last few decades. In today’s global society, worldwide surrogacy has become a more accessible option. The number of international clients of American fertility clinics and surrogacy coordination agencies has grown, too. Careful planning can help you avoid legal and logistical problems and protect parental rights.

Our attorneys can help. We are highly knowledgeable in all aspects of surrogacy law across the United States, where surrogacy is legal. Surrogacy and reproductive law are often changing and evolving. Because we practice solely in these areas, we remain on top of the latest developments.

How We Guide International Intended Parents

Our reproductive technology attorneys offer in-depth consultations with intended parents from Europe, Asia and other parts of the world. We can advise you on the legal issues and requirements you and your baby will face in your home country.

Our services include:

• In-depth education on all aspects of the surrogacy process, including risks and options for protecting your rights
• Information about protections for your future child’s well-being through pregnancy, childbirth and the trip with you to your home country
• Practical considerations such as passports and travel arrangements
• Surrogacy agreements, including a gestational mother’s lifestyle during pregnancy
• Interpretation of, and help with, legal requirements in the U.S. and international parents’ countries
• Dispute resolution in cases where a surrogate or gestational mother or one or both intended parents change their minds
• Contingency plans covering medical problems of the surrogate mother and/or the baby at any point
• “What if” arrangements to deal with the death or divorce of anyone involved

We understand you may be seeking surrogacy or assisted reproduction services in the U.S. because of different attitudes in your home culture about the definition of a family, the legal status of parents of babies born through surrogacy and assisted technology, a child’s eligibility for citizenship and more. We can help you work through these issues, create agreements and make arrangements for securing your baby’s future. We provide caring, professional advice as we answer questions related to birth certificates, passports and a baby’s legal standing after a birth through a surrogate.

What Are The Benefits Of Going Through Surrogacy In The United States?

Many U.S. states have surrogacy-friendly laws that may be more expansive than your home country. Considerations such as the quality of health care and financial opportunities may also make it more desirable to pursue surrogacy in the U.S. Additionally, if you have a U.S.-based friend or relative who would like to serve as a surrogate, it may be wise to do so in their state of residence. Another benefit is that if your child is born in the United States, they will automatically be a U.S. citizen.

Is Commercial Surrogacy Legal In The United States?

Commercial surrogacy refers to an arrangement where the surrogate is compensated for their services. While the legalities vary by state, in most states, paid surrogacy is available within certain limits. There are many considerations that go into designing a state-specific surrogacy agreement.

Our lawyers practice in every state where surrogacy is legal. We can advise you on the laws of specific states and help you make a strategic decision about where to pursue surrogacy.

How To Get Started

Potential parents from foreign countries find it helpful to discuss plans with our lawyers. We want to help you make surrogacy and assisted reproductive processes work well for you and your family.

To schedule a consultation, call 619-309-2310 or complete our inquiry form.