What To Expect When You File For A Surrogacy Agreement Lawyer?

July 11, 2023    Familylawyers
What To Expect When You File For A Surrogacy Agreement Lawyer?

Surrogacy involves complications and risks for both surrogate and intended parents. These parents face difficulties with childbirth due to various reasons and put a lot of hope onto the surrogate. Pregnancy, a risky endeavour in itself, might also cause many emotional and medical complications.

Hence, it is very important to have a drafted legal surrogacy agreement with the help of the family lawyers In Perth WA.

What is Surrogacy?

Surrogacy is an arrangement where a woman consents to bear and give birth to a different couple’s child. The birth mother consents to become pregnant with a child for the couple. In Australia, the surrogate cannot be the genetic mother. This means that in this arrangement, her egg will not be used to fertilise the baby.

The egg and sperm from the parents or a donor are then transferred to the surrogate’s uterus. There are two types of surrogacy, amongst which only one is legal in Australia. Let us discuss these options beware of not practising anything illegal.

Altruistic Surrogacy:

The legal form of surrogacy is an agreement where the surrogate is not provided with any monetary compensation but takes care of their medical and reasonable expenses.

Commercial Surrogacy:

This form of surrogacy is illegal in Australia. A commercial surrogacy agreement consists of a compensation package for surrogacy that is favourable to the surrogate’s situation. This agreement clearly states the coverage of medical costs, travel and other expenses that might arise during the pregnancy.

Who Can Enter a Surrogacy Agreement?

A set of conditions must be fulfilled to ensure the well-being of the surrogate and reduce the risks for the intended parents. The surrogate can be eligible for the process if the following conditions are met.

  • The surrogate must be older than 25 years of age. They must be younger than the age for natural menopause, which is 52 years. The age limit can be increased to 55 years in specific cases.
  • The surrogate must have experience in childbirth. This means that she must have given birth to at least a child of her own.
  • Her medical history should not have any complications or illnesses related to pregnancy.
  • The surrogate and the parents should have a good relationship for a period of no less than 6 months by the time of the transfer of the embryo.
  • Neither of the parties involved in the surrogacy should suffer from any psychiatric disorder. This can have great effects on their decision or the child care.
  • The surrogate must not use her own eggs for the procedure. The child and the birth mother cannot have any direct genetic relationship.
  • The surrogate should agree to all the conditions of altruistic or non-commercial surrogacy arrangements.

The intended parents also have certain conditions to satisfy to commission a surrogate.

  • If the woman in the relationship is unable to become pregnant due to medical conditions.
  • If the woman cannot carry a pregnancy or give birth.
  • Due to multiple unsuccessful transfers of genetically normal embryos.
  • If the intended parent is a male who is single or in a same-sex relationship.
  • If a woman dies after having frozen embryos in storage and the male partner wants to use them to have a child.

Why Do You Need to File for a Surrogacy Agreement?

The decision to pursue surrogacy is a complex and deeply personal one. Filing for a surrogacy agreement becomes a crucial step for the intended parents. Let’s explore the various reasons why it is essential to establish a legal agreement for surrogacy.

Medical Infertility:

Many intended parents find surrogacy as a solution to medical infertility. When individuals or couples face difficulties conceiving or carrying a pregnancy, surrogacy helps them experience parenthood. They can finally get their chances of having a child through a surrogacy agreement.

Protecting Interests and Providing Clarity:

One of the important reasons for filing a surrogacy agreement is to protect the interests and well-being of all parties involved. Surrogacy arrangements carry various risks and uncertainties, and a legal contract can help reduce the chances of potential disputes. The agreement ensures transparency and a clear procedure by specifying rights, responsibilities, and expectations.

Medical Expenses and Decision-Making Rights

Surrogacy agreements include important aspects, like medical expenses and decision-making rights. Specifying these matters within the agreement allows intended parents and surrogates to share a mutual understanding and avoid conflicts. Clarity on financial arrangements and decision-making processes during pregnancy and birth ensures that the surrogacy process is smooth.

Establishing Parental Rights

As surrogacy is complex, a legally recognised agreement becomes essential. By clearly defining the intended parents as the legal and rightful guardians of the child, the agreement protects their rights and ensures the easy transfer of parental responsibilities after birth.

Genetics and Surrogacy

In cases where the genes are transferred from donors, surrogacy agreements can address intricate issues related to genetics and surrogacy. The agreement will specify parental rights, responsibilities, and considerations regarding disclosing genetic information to the child. By including these aspects in the agreement, potential future complexities can be managed and prevented.

Roles of Lawyers in a Surrogacy Agreement

Surrogacy agreements involve intricate legal considerations that require the expertise of skilled Perth family lawyers. Let’s delve into the lawyers’ different roles in the surrogacy process.

Legal Consultation and Guidance:

When applying for a surrogacy agreement, individuals or couples seek the guidance of experienced lawyers specialising in surrogacy law. These legal experts offer expert legal advice, explaining the details of surrogacy laws, rights, and obligations. By analysing each case, the adoption lawyer Perth provides tailored advice and helps the intended parents make informed decisions, ensuring the legal requirements are met while avoiding potential mistakes.

Drafting Surrogacy Agreements:

One of the main responsibilities of lawyers in surrogacy arrangements is drafting the surrogacy agreement. This document outlines the rights, responsibilities, and expectations of the intended parents and the surrogate. It serves as the foundation for a smooth and secure surrogacy process.

Lawyers skillfully address key elements, such as medical expenses, decision-making authority, and parental rights, while considering the specific laws and regulations involved.

Resolving Potential Conflicts:

Conflicts and disagreements may arise between the intended parents and the surrogate or other involved parties during the surrogacy process. In such cases, lawyers act as mediators, helping them to have open and constructive discussions.

Through these discussions, they can reach mutual solutions. Their role in negotiation is to ensure that the interests and concerns of all parties are addressed and reduce the potential for legal disputes.

Ensuring Legal Compliance:

Surrogacy laws can be complex and challenging. Lawyers specialising in reproductive law understand the legalities and stay updated on changes and developments. They ensure that all aspects of the surrogacy process, from consent to parental rights establishment, are according to the laws, protecting the legality and validity of the surrogacy agreement.

Parental Rights Establishment:

The child adoption lawyer guides the intended parents through the necessary legal steps, such as obtaining pre-birth orders, post-birth court orders, or completing necessary adoption procedures, depending on the jurisdiction. Lawyers secure the child’s future and provide peace of mind to all parties involved by getting the intended parents legally recognised as the child’s legal guardians.

As a ray of hope, surrogacy can bring happiness into the lives of the intended parents. Their desire to have and care for a child makes them undergo a complex surrogacy procedure.

The surrogate sacrifices a lot in an altruistic surrogacy agreement to help the parents out of compassion. To keep things in place and avoid unnecessary conflicts, surrogacy agreements play an important role. So consult the surrogacy lawyers Perth to avoid any risks in this journey.

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