Surrogacy Legal Process for Intended Parents
As you embark on your journey to parenthood, understanding the legal process is key to protecting your parentage rights.
For 30 years, Growing Generations has guided families through every step with trusted legal experts, ensuring your path to parenthood is secure, supported, and seamless.
WHY LEGAL EXPERTISE MATTERS
At Growing Generations, we connect you with highly vetted and experienced attorneys who ensure compliance with surrogacy laws so you can focus on what truly matters: preparing to welcome your child.
How We Guide You During the Surrogacy Legal Process
We often tell our intended parents that there’s more to know about surrogacy laws than they might expect. Laws vary for different regions, and without the proper guidance, legal challenges can slow your journey to parenthood.
At Growing Generations, we take a hands-on approach by connecting you with reputable surrogacy attorneys who understand every detail of the process. They create a tailored legal experience designed to protect your parental rights and ensure your agreements are fully compliant with your state, or even country, requirements, anticipating and resolving potential challenges before they arise, from pre-birth orders to ensuring both parents’ names appear on the birth certificate.
By partnering with top surrogacy law firms, we guarantee our commitment to deliver a premium experience that honors your dreams of parenthood, so you can focus on the moments that matter ahead, knowing your parentage rights are secure.
Phases of the surrogacy process
Becoming a parent through surrogacy is a life-changing experience, and having the right legal foundation makes all the difference. The surrogacy legal journey moves through several carefully designed phases – each crafted to safeguard your rights and create a seamless path to parenthood. At Growing Generations, our trusted legal partners from leading surrogacy law firms offer the expertise, clarity, and confidence you need every step of the way.
Surrogacy laws differ dramatically across the United States, and internationally, with some states or countries offering favorable conditions for intended parents and others placing significant restrictions. We help you match with a surrogate who resides in a location where the laws align with your specific situation, ensuring your parental rights can be legally recognized and enforced without unnecessary challenges. This proactive approach saves time, reduces risk, and provides a solid foundation for your journey.
After completing the surrogate match, the next step is to create a comprehensive surrogacy contract. This agreement clearly defines each party’s roles and responsibilities, outlines compensation, and addresses key details like health insurance and medical decision-making. Through our partnerships with proven surrogacy legal experts, we connect you with attorneys who craft thorough, enforceable contracts that anticipate challenges and protect everyone involved.
To ensure fairness and transparency, both you and your surrogate must have independent legal counsel. This ensures that everyone’s rights, obligations, and expectations are clearly understood before signing your contract. We connect you and your surrogate with leading legal professionals who explain every detail, answer questions, and guide you through the contract signing process with confidence and clarity.
Establishing legal parentage marks one of the most important milestones in your parenthood journey. Depending on the U.S. jurisdiction, your attorney files either a pre-birth or post-birth order with the court to confirm your parental rights. These filings ensure your names appear correctly on your child’s birth certificate and grant you full parental rights from the very start. Our partner law firms navigate each state’s specific procedures with precision, ensuring a smooth and efficient process.
For international intended parents, the legal process goes beyond establishing parentage. You must secure vital records like the birth certificate and complete international paperwork to bring your child home safely. Drawing on decades of experience supporting parents worldwide, we connect you with legal experts who handle immigration requirements, consular reports, and passport applications. Our partner law firms guide you through every step of these additional complexities, ensuring every detail is managed and giving you peace of mind throughout the process.
STEP 1
We make sure your surrogate lives in a place where the law is most appropriate for your case
STEP 2
We work with lawyers to help draft surrogacy agreements & contracts
STEP 3
We provide independent counsel & contract signing for intended parents and surrogates
STEP 4
We help with birth orders & parentage filings
STEP 5
We help secure important paperwork for international intended parents
Frequently Asked Questions
The legal side of surrogacy can feel complex, and it is normal to have questions. Since laws vary by state and situation, knowing the basics helps you feel confident and prepared for what’s ahead. Here are some answers to the most common questions we hear about the surrogacy legal process.
No. Surrogacy laws vary widely across the United States, and while many states are supportive of the practice, others place restrictions or prohibit it altogether. Some states are considered “surrogacy-friendly” because they have clear legal frameworks that protect both intended parents and surrogates. In contrast, other states lack formal laws or have restrictions that make the process more complicated. It’s important for you to understand the laws in the state where your surrogate resides, since that jurisdiction usually governs the process.
A Gestational Carrier Agreement (GCA) is a legally binding contract between the intended parents and the surrogate. This document clearly defines everyone’s rights, roles, and responsibilities, covering key areas such as compensation, medical care, insurance, decision-making, and expectations throughout the pregnancy. The GCA is essential because it ensures that all parties are aligned and that the intended parents’ parental rights are protected under applicable state law. Courts typically require this agreement as part of the legal steps toward establishing parentage.
Yes. Each party must have independent legal counsel to ensure that everyone’s rights and interests are fully represented. Separate attorneys prevent conflicts of interest and provide both the surrogate and the intended parents with unbiased guidance. This safeguard also strengthens the enforceability of the agreement, as courts want to see that both sides had equal access to independent legal advice before signing. At Growing Generations, we ensure all of this is in place during your journey, allowing for a smoother transition to your parenthood journey.
The legal phase can vary depending on the state, the complexity of the agreement, and the court system’s requirements. On average, drafting and finalizing the Gestational Carrier Agreement may take four to eight weeks, with additional time needed later for parentage filings and birth orders. In international cases, securing vital records and completing paperwork for travel may extend the timeline further. Intended parents should expect the legal process to unfold in multiple stages throughout the journey, beginning before pregnancy and concluding after the child’s birth.
A Trusted Guide for your Parenthood Journey
