Going through the surrogacy process can be a significant undertaking, considering how it can involve various components with legal implications. It can happen in multiple stages, often riddled with paperwork and agreements based on the situation. However, the legal soundness of the entire surrogacy can hinge on details during preparation, such as whether the surrogate is eligible to serve according to state law.
The rules concerning surrogate eligibility can vary from state to state. In New York, someone can only be a surrogate if they meet specific qualifications, including the following:
- Be at least 21 years old
- Be an American citizen or have a permanent resident status
- Must have lived in New York for a minimum of six months
- Must not be the egg donor for the conception
- Must have gone through the required medical evaluation by a licensed healthcare provider
Aside from these requirements, the surrogate must also know vital details about the process, including its accompanying medical risks.
Various legal issues can arise before, during and after the conception, which can pose problems for all involved parties. To address these concerns, the surrogate must also have adequate legal representation and the required insurance coverage.
Keeping the process legally sound
A surrogacy can be unpredictable, significantly if the surrogate or intended parents change their minds about the process. Because of how complex it can be, it is beneficial to have skilled legal counsel even before deciding to proceed with surrogacy. Having legal guidance can help parties prepare sufficiently before, during and after conception. Experienced advice and insight can also help all parties make informed decisions, especially when unexpected issues or scenarios arise anytime during the process.