Getting Started

How do we start the process to retain you as our lawyer?

Starting the process is simple. You only have to make a phone call. We regularly provide lengthy, detailed, and necessary responses to any questions posed to us via phone, email or Skype. We like not only to provide the legal framework for surrogacy, but also fill in any gaps that might exist about how the process is administered. So starting means reaching out to us and asking us the questions most important to you.

When should we start the legal process?

It is imperative there be an agreement so everyone knows what is expected of all parties. Typically, our discussion is more informal at the beginning. We do not start the legal paperwork until the doctor is ready to start the cycle. We put pen to paper once we have an idea of when treatment will begin. The doctor also wants assurances that all legal requirements are fulfilled before starting the cycle. Conversely we won’t start drafting a surrogacy contract until the parties have passed their medical and psychological screening, nor an egg donor contract until the donor has passed her medical and psychological screening. To start early is to waste everyone’s time.

Should I find an agency and/or a surrogate before finding a lawyer?

It’s a 50/50 proposition. Many clients call me before they even know they will need an agency or have seen a doctor. The other half already have found an agency and/or have been treated in the past by a fertility specialist. There is no set pattern about when people call our office. I think we can all agree however, that the fertility specialist will provide direction toward what you will need to pursue.

What is the difference between traditional surrogacy and gestational surrogacy?

Medically, the difference is where the egg comes from. With a traditional surrogacy, the surrogate is also the egg donor. With a gestational surrogacy, the surrogate does not contribute her eggs. The legal implication may vary from state to state. More generally, because the traditional surrogate is a genetic contributor to the child, she can change her mind and keep the child within a finite period of time from the birth.