Surrogacy is a life-changing journey for many intended parents, but without proper legal preparation, it can lead to unexpected complications. From contract disputes to parental rights issues, mistakes in the surrogacy process can result in costly litigation and emotional distress.
At Story Law, we help families navigate the legal complexities of surrogacy to ensure a smooth, legally protected process. Below, we highlight some of the most common surrogacy mistakes that can lead to legal consequences—and how to avoid them.
1. Not Having a Legally Binding Surrogacy Agreement
One of the biggest mistakes intended parents and surrogates make is failing to draft a comprehensive surrogacy contract. A verbal agreement or a poorly written contract can result in custody disputes, financial disagreements, and legal battles.
Legal Risks of an Incomplete or Nonexistent Surrogacy Agreement
- Disputes over parental rights if the surrogate has second thoughts.
- Conflicts about financial compensation and medical expenses.
- Lack of clarity on important decisions, such as embryo transfer and medical care.
How to Avoid This Mistake
- Work with an experienced family law attorney to draft a detailed surrogacy contract.
- Ensure the agreement outlines rights, responsibilities, financial terms, and medical decisions.
- Both parties should review the contract separately with their own lawyer before signing.
A legally binding surrogacy contract protects all parties and reduces the risk of litigation.
2. Failing to Follow Washington State Surrogacy Laws
Surrogacy laws vary by state, and failing to comply with Washington’s legal requirements can result in voided contracts and legal disputes.
Washington State Surrogacy Laws Include:
- Gestational surrogacy agreements must be court-approved before pregnancy.
- Intended parents must establish legal parentage before birth.
- The surrogate must have independent legal representation separate from the intended parents.
How to Avoid This Mistake
- Consult a family law attorney to ensure compliance with Washington surrogacy laws.
- File pre-birth parentage orders to establish legal rights before delivery.
- Work with a lawyer who specializes in assisted reproductive technology (ART) law.
Ignoring state laws can lead to parental rights complications and court challenges after birth.
3. Choosing a Surrogate Without Proper Screening
Many intended parents rush into surrogacy arrangements without properly vetting their surrogate. Selecting a surrogate without adequate medical, psychological, and legal screening can lead to major complications down the road.
Potential Risks of Choosing the Wrong Surrogate
- Medical conditions that could endanger the pregnancy.
- Emotional or psychological issues that may lead to disputes.
- Financial instability, which could result in breach of contract.
How to Avoid This Mistake
- Work with a reputable surrogacy agency that conducts thorough medical and psychological screenings.
- Verify that the surrogate has had at least one prior successful pregnancy.
- Have a family law attorney review all agreements before finalizing the selection.
A well-vetted surrogate reduces legal risks and helps ensure a smooth process.
4. Misunderstanding Parental Rights and Custody Laws
A common misconception is that intended parents automatically have parental rights once the baby is born. However, legal parentage must be properly established to avoid custody complications.
Legal Consequences of Unclear Parental Rights
- The surrogate could be legally recognized as the child’s parent.
- Intended parents may struggle to secure parental rights in court.
- Custody disputes could lead to litigation and emotional distress.
How to Avoid This Mistake
- Obtain a pre-birth or post-birth parentage order through a family law attorney.
- Ensure both parties understand Washington’s legal process for establishing parental rights.
- Include clear custody terms in the surrogacy agreement.
Failing to secure legal parentage can result in court battles and unnecessary stress for all parties involved.
5. Overlooking Financial and Medical Expense Agreements
Disputes over medical costs, insurance coverage, and compensation can lead to legal conflicts between the surrogate and intended parents.
Common Financial Issues in Surrogacy
- Unexpected medical costs not covered by insurance.
- Disagreements about compensation payments.
- Misunderstandings about who pays for prenatal care, labor, and delivery costs.
How to Avoid This Mistake
- Work with a lawyer to create a detailed financial agreement that includes all medical and compensation terms.
- Ensure the surrogate has adequate health insurance to cover pregnancy-related expenses.
- Keep clear financial records to prevent disputes.
Financial clarity protects both parties and prevents litigation over unpaid expenses.
How a Family Law Attorney Can Protect Your Surrogacy Journey
Surrogacy is an exciting but complex process, and legal missteps can have long-lasting consequences. A family law attorney ensures your surrogacy agreement complies with Washington law, protects parental rights, and prevents costly disputes.
What an Attorney Can Help With:
- Drafting and reviewing legally binding surrogacy contracts.
- Securing pre-birth parentage orders.
- Ensuring compliance with state laws.
- Addressing financial and medical cost concerns.
- Providing legal protection against litigation.
Story Law: Your Trusted Partner in Surrogacy Law
At Story Law, we provide legal guidance for intended parents and surrogates to ensure a smooth, legally sound surrogacy journey. With experience in family law and reproductive legal matters, we help clients avoid surrogacy mistakes that lead to legal consequences.
If you are considering surrogacy, let us help you navigate the legal process with confidence.
