Surrogacy Agreements

Anoka Family Law Lawyer

Surrogacy is a beneficial and important way for families unable to have children to have the children that they want. Many families have been created in this way, but the act is still a controversial one that has become more common as the years go by.

If you are considering surrogacy, you may want to take action to cover all of your bases so that there is nothing that could interfere with the process. There are no federal laws that regulate surrogacy agreements, but they can be useful tools in ensuring everyone knows their roles. Your Anoka family law lawyer can draft this agreement for you so you have the peace of mind that you need.

Honest & Straightforward Advice

Your attorney will give you the honest and straightforward advice that you need in order to draft a solid surrogacy agreement. While Minnesota law is rather silent on the topic, there are up to 100 families in Minnesota every year that enter into surrogacy agreements. Like many states, Minnesota does not have a specific law. The adoption laws do not even mention surrogacy.

The only certainty that exists under Minnesota law is that the intended parents will need to take the appropriate legal action to ensure that they are legally established as the parents of the child through paternity or maternity action or adoption. The surrogacy agreement, or private contract, is very important in protecting rights.

Protecting Gestational Carrier Rights

The Minnesota legislature did try to provide some kind of legal framework for surrogacy in 2008. The “Assisted Reproduction” bill was passed, but the governor vetoed it because he felt like the bill did not give the needed legal protections to the child or the surrogate.

Under the bill, the surrogate would have to meet certain requirements and so would the intended parents. The bill did provide that the parents would be considered the biological parents immediately after the birth of the child. The surrogate would then be required to surrender custody at that time and the intended parents would be required to accept custody.

While this legislation didn’t make it into law, surrogacy agreements help fill in the gaps. What the proposed law does show is the restrictions that could potentially be placed on surrogacy. In the meantime, your Anoka family law lawyer can draft an agreement for you that works for both of you so that the surrogacy process moves as smoothly as possible. That is something that can work for both. In some cases, the relationship between surrogate and parents works so well that the surrogate carries multiple children for the same couple.