SURROGACY LAW ASSISTANCE
Virginia, Maryland & Massachusetts
Alternate Birthing Options
Surrogacy is defined as the act of a woman carrying a child from conception to birth for another individual or couple.
There are two types of surrogacy: Traditional and Gestational.
Traditional Surrogacy
The surrogate mother not only carries the fetus, but the egg that is fertilized and/or implanted in her is her own.
Artificial insemination is now the usual method of joining the sperm and the egg together for traditional surrogacy.
Gestational Surrogacy
Gestational surrogacy results from in vitro fertilization. The difference being that even though the surrogate mother still carries the fetus, the inseminated egg is not her own. It’s usually supplied by the intended mother or an egg donor. In some cases the egg is fertilized, the embryo starts to grow in the clinic, and then is implanted in the surrogate mother.
Surrogacy and the Law
If ever there was a minefield of legal consequences, surrogacy would rank high on that list.
Each state has their own laws governing surrogacy, with some being much friendlier than others. Virginia, Maryland and Massachusetts are no exception.
Virginia Surrogacy Law
Virginia does recognize both traditional and gestational surrogacy. However, the laws are so complex and confining, it takes an experienced surrogacy attorney to sort through all the different laws to make sure every aspect is covered to the satisfaction of the surrogacy statutes in Virginia.
For instance, Virginia surrogacy law prohibits compensated surrogacy, as well as excluding same-sex couples from participation in surrogacy arrangements. In fact, Virginia surrogacy law mandates the intended parents be defined as a married man and woman.
It is also a criminal offense in Virginia to pay an agency or lawyer to find a surrogate. To make matters even more complex, the surrogate mother has up to 25 days after the birth to nullify the previous arrangements and keep the baby herself.
Maryland Surrogacy Law
Maryland may be considered surrogate friendly, paradoxically because there are fewer surrogacy laws governing surrogacy in Maryland. Though Maryland does have strict laws governing adoption services, it is as yet unclear and contested among lawmakers whether these laws can be applied to birth surrogacy in Maryland.
Massachusetts Surrogacy Law
The laws in Massachusetts treat traditional surrogacy differently than gestational. These laws and legal decisions are complex and confusing, and only an experienced Massachusetts surrogacy lawyer can help a client with a surrogacy law issue in Massachusetts.
While generally surrogacy agreements are valid, the courts have left the field open for alternate interpretations as this practice of surrogacy continues.
In a 1998 case in which after 6 months of pregnancy the surrogate mother decided to keep the child, the Massachusetts court ruled two elements must exist to authorize a surrogacy agreement:
(1) The surrogate mother has until four days after the birth to change her consent, and
(2) No compensation was made to the surrogate mother.
Legal Implications of Surrogacy
As mentioned earlier, there are many considerations to take into account with surrogacy – each of which carries its own legal implications.
Here are just a few:
Compensation: Carrying a child is both stressful, time consuming (usually nine months!) and expensive (doctors visits, special diets, vitamins, and so on). Is paying for these expenses considered compensation for purposes of surrogacy law (which is generally illegal) or not?
Gay and Lesbian Couples: Do same sex partners have a constitutional right to engage in the same surrogacy practices as heterosexual couples?
Single Parents: Does a single man or woman have the same rights as a married couple to engage the services of a surrogate mother?
Change of Heart: Does the surrogate mother have a right to change her mind about giving up the child, and if so – how much time should she be given to alter her original decision?
Multiple Births: What happens when the in vitro insemination results in twins, triplets, or even more babies? Who then supports the “extra” children? A clearly written surrogacy agreement can help.
Disabilities: It happens – a child is born with disabilities such as Downs Syndrome or some other physical or mental impairments. Do the intended parents have the right to “reject” such a child? Does the surrogate mother have the right to force them to take over the care and upbringing of the handicapped baby?
Breach of Contract: If the surrogate mother breaches a surrogacy agreement by drinking and smoking during her pregnancy, can the intended parents sue to stop her from doing so, and/or negate the original agreement?
SRIS PC
If you are considering or planning a surrogate pregnancy, it’s in everyone’s best interest to engage the services of a skilled surrogacy lawyer. The family law attorneys at SRIS, P.C. can help guide you through this very intricate and emotional undertaking.
Starting a family is no small or minor matter, and starting one with non-traditional methods is even more complex.
Make sure you know all the ramifications and consequences of your decision beforehand – it’ll save you not only time and money, but perhaps emotional pain and heartbreaks as well.
Call us at 888-437-7747 or contact us on line to talk with one of our surrogacy lawyers in Virginia, Maryland or Massachusetts. Whatever is discussed between you and your surrogacy attorney stays between you and your surrogacy attorney.
