Surrogacy & Parental Rights Attorneys:
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Surrogacy & Parental Rights FAQ'S
1Q: Explain the parental rights confirmation process.
A: The parental rights confirmation process aims to establish your rights as parents and terminate the rights of your surrogate (and her husband, if she is married). The process generally begins once you are safely into the second trimester. After you formally engage our firm, and all documents have been reviewed and signed, we will draft and file pleadings for your case in the appropriate state court, and schedule a court hearing. The judges who review these types of cases are familiar with the subject matter and are generally on a first name basis with our attorneys. As previously mentioned, generally only one of our attorneys is required to appear for the hearing. Barring any extraordinary circumstances, a judgment is generally issued the same day as the hearing and certified copies are generally available to you shortly thereafter.
Q: What happens if I elect not to go through the parental rights confirmation process?
A: Should you elect to bypass the parental rights confirmation process, then your surrogate (and her husband, if she is married) may still be presumed to be the parents of the child (i.e. her and her husband's rights are not terminated, as they normally would be by the judgment that is issued). Conversely, your rights may also not be secured or established if you do not complete this process.
Q: Is a parental rights confirmation the same as an adoption?
A: While there are some similarities, the parental rights confirmation process is not an adoption. It does not require a home study, background check and is completed in a fraction of the time, generally without a court appearance by any of the parties.
Q: Must we appear in court?
A: In most cases, the parties are not required to make an appearance in court. An NFLC attorney will appear on your behalf and answer any questions from the court. If you and the surrogate have agreed, we may be able to represent both of you at the hearing.
Q: Must an attorney represent my surrogate?
A: While most judges feel more comfortable issuing judgments in cases where all parties are represented by counsel, they may grant judgments if a surrogate is not represented.
Q: Will our names go directly on the birth certificate?
A: In some states, the original birth certificate will reflect your names. Other states may allow the names of one or both parents to appear on the birth certificate; an amended birth certificate may also be possible. Please check with our office to discuss your specific situation. The National Fertility Law Center has attorneys available throughout the United States.
Q: If we obtain a pre-birth judgment of our parental rights in a particular state, must our surrogate deliver our child within the same state?
A: The child must be born in the state in which the judgment was issued in order for the judgment to be recognized by that state's government agencies, hospitals, etc.
Q: What happens if the surrogate delivers our child while traveling in another state?
A: If a child is born in another state, then confirming your parental rights falls under the jurisdiction of the courts of that state. Because each state operates quite differently, we suggest that you contact us immediately if you believe there is a possibility that a delivery in another state may occur.
Q: How long does the finalization process take?
A: The finalization process generally takes about one month from start to finish.
Q: Approximately how much will the process cost?
A: While costs do vary from state to state, on average, the finalization process ranges between $3,000-5,000.
Confidentiality
All communications between National Fertility Law Center and our clients are secret and confidential by the law of attorney-client privilege, which is valid throughout the United States. To represent you, we must first have a written attorney-client agreement; then we can exchange confidential information freely.
Flat-rate Service Package; Free Initial Consultation
We accept referrals from assisted parents, from egg donor, embryo donor, and surrogacy agencies, from physicians, psychologists, and attorneys, and from other interested persons. Our law offices are fully equipped with highly trained paralegal and administrative staff to assist in serving our clients. We offer single-price, all-inclusive service packages or reasonable hourly fees. Your initial consultation is free.
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National Fertility Law Center is committed to providing you and your family with extraordinary legal support in all aspects of family formation, whether you reside in the United States or are traveling to the United States from another country. For more information, please click on any of the menu links to the left, or call us toll-free at (800) 558-4009 (or at (619) 464-6640 from countries other than United States), or click here to contact us for a free consultation. We look forward to helping you.
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