The involvement of an experienced lawyer in assisted reproduction technology and a duly developed surrogacy contract is essential in several respects. This ensures that the intentions of all parties to the agreement – intentional parents, surrogate parents, the spouse of the substitute – are clearly defined and that the rights and obligations of each party are clearly defined and protected. In a counter-reaction to the infamous 1986 Baby-M case, in which the substitute refused to give custody of the baby to parents, courts and intentional legislators in several states, including New York, New Jersey and Michigan, as well as Washington, D.C. prohibits ice gestation or surrogacy maternity contracts. Surrogacy contracts found online are generally short-sighted and generic. They generally do not take into account the individual needs and circumstances of each party, and they certainly do not cover all possible outcomes and variables that could influence the course of the surrogacy agreement. This can lead to extreme legal consequences and an increased chance of disputes and misunderstandings between surrogates and intentional parents. In the absence of a strong legal contract, there is virtually no protection for the surrogate mother, parents or child. Surrogacy agreements are, by their very nature, legal provisions and, therefore, lawyers are inevitably involved. But in my experience, lawyers should have a positive impact on the process and help you understand the consequences of reaching the agreement and your rights and duties. However, the relationship will survive all court proceedings. You can adapt to a positive experience and a long-term relationship by setting expectations and making agreements beforehand.
The purpose of any surrogacy process should be to protect the baby and his or her interests. While the legal process may seem scary, it is worth putting in the time and effort and working with an experienced lawyer who can create a strong legal surrogacy contract. For this reason, few surrogacy agreements arise when states make surrogacy agreements unenforceable: few intentional parents or surrogate mothers are willing to seize the possibility of reaching a casual agreement with potentially life-changing consequences and risks. New Hampshire has a very extensive legislative system that regulates surrogacy rules. Intentional parents must be married and at least one of them must deliver gametes. The replacement must decide 72 hours after the birth to keep the child. The agreement must be pre-authorized by court, the evaluations and advice of the parties must be carried out before the replacement is impregnated, the home studies of all parties must be carried out, all parties must be 21 years of age or older, the intended mother must not be physically able to give birth, the eggs must come from the surrogate mother or the intended mother (no donor eggs). the replacement must have had at least one pre-delivery, a genetic consultation is required if the replacement is 35 years of age or older and there is a 6-month stay condition for the pregnant mother or the intentional parents.