The Role of a Surrogacy Attorney: Why Legal Guidance is Essential
Surrogacy is both hopeful and complex. It blends medical treatment, legal rights, financial planning, and deeply personal values. A surrogacy attorney guides everyone involved through that complexity so the process is clear, compliant, and centered on the well-being of the child and all parties.
First, a quick foundation
Gestational vs. traditional surrogacy. In gestational surrogacy, the carrier has no genetic connection to the baby. In traditional surrogacy, the carrier’s own egg is used. Most U.S. arrangements today are gestational because the legal path to parentage is usually clearer. As an example, Nevada does not allow traditional surrogacy by Statue. California does not prohibit it by Statute but it isn’t specifically allowed by Statute either. Leading medical and ethics bodies emphasize informed consent, independent legal counsel, and mental health counseling for all parties. California.Public.Law+2ASRM+2
State law still matters. Surrogacy is governed by state law, and requirements differ. Recent changes removed the last criminal ban on compensated surrogacy, but enforceability and procedure still vary by jurisdiction. In April 2024, Michigan enacted a comprehensive framework for assisted reproduction and surrogacy, with the new law taking effect on April 1, 2025. That ended Michigan’s long-standing criminal ban and illustrates how quickly the landscape can change. Michigan.gov+2Michigan Legislature+2
Where a surrogacy attorney makes the biggest difference
1) Front-end legal feasibility and risk mapping
Before anyone signs or cycles, an attorney analyzes the state-by-state rules that will govern the match, and whether a will issue a parentage order, and any special requirements. Many states follow versions of the Uniform Parentage Act, American Bar Association Model Ace, or their own assisted reproduction statutes, and local law typically controls parentage proceedings. An early legal review avoids surprises later.
2) Independent counsel for each side
Independent representation prevents conflicts and protects both the gestational carrier and the intended parent or parents. Many States have changed their laws to require separate representation, but even without such a statute the professionals involved in surrogacy should always demand separate independent attorneys for the carrier and the intended parent side.
3) Timing and formalities of the agreement
State law commonly requires that the gestational carrier agreement be fully executed and properly notarized or witnessed before any embryo transfer or injectable medications begin. Even without a statute requiring a contract, a Fertility Clinic should never allow you to proceed without a signed contract. Getting this wrong can jeopardize parentage and insurance protections. California.Public.Law+1
4) Contract terms that actually work in the real world
A well-drafted agreement covers medical decision making, number of embryo transfers, selective reduction and termination, payment structure and escrow, lost wages, bed rest, maternity clothing, travel, confidentiality, HIPAA releases, and dispute pathways. Best-practice guidance from major medical societies also stresses mental health evaluation and counseling for all parties. ASRM Integration
5) Insurance review and planning
Health policies often have surrogacy exclusions or notice requirements. Some laws require the contract to disclose how the carrier’s pregnancy care and the newborn’s care will be paid, and to confirm that the parties have reviewed the policy. An attorney coordinates with licensed insurance professionals so coverage is clear and documented in the agreement. California.Public.Law Even without such a law it is critical to have a game plan for insurance coverage. There are brokers, such as www.artrisksolutions.com, that specialize in insurance for surrogacy and you should use one to review the policy.
6) Escrow and trust accounting
Funds for compensation and reimbursable expenses are typically held with an independent, bonded escrow company or an attorney trust account, with disbursements tied to the contract. This protects everyone and provides clean accounting. California.Public.Law
7) Respecting the carrier’s autonomy and safety
No agreement can force medical procedures. Ethical guidance makes clear that carriers must have independent counsel and the right to make informed decisions about their own medical care. Some statutes and commentary explicitly forbid “specific performance” remedies that would compel impregnation or medical procedures. ASRM+1
8) Pre-birth and post-birth parentage orders
Your attorney prepares and files the court paperwork that establishes the intended parent or parents as the legal parents. In many jurisdictions, a case can be filed during pregnancy to obtain a pre-birth order. Others finalize orders after delivery or require additional steps for a non-genetic parent. The right approach depends on local rules and the facts of your case. California.Public.Law+1
9) Vital records and hospital planning
Hospitals and vital records offices follow state law and court orders when listing parents on the birth certificate. Your attorney coordinates with counsel, the hospital, and the court so the delivery plan, discharge paperwork, and birth certificate all align with the parentage judgment. Division of Public and Behavioral Health
10) International Intended Parents Require Additional Steps
For Intended Parents that are not in the United States there are additional procedures and steps that will need to be made to assure your child returns to your home country a citizen of that country. This part of the process requires your attorney in the United States to coordinate with your attorney in your home country to take the additional steps required.
Why legal guidance is essential
Surrogacy is not just a contract. It is a sequence of legal decisions tied to medical milestones. Getting any step wrong can affect parental rights, insurance, vital records, or the birth experience. The right attorney makes the process predictable, ethical, and enforceable so the focus can stay where it belongs – on a healthy pregnancy and a safe, joyful arrival.
At Surratt Law, we are here to guide intended parents, surrogates, and families through every step of the journey with clarity and care. If you are considering surrogacy or beginning the process, reach out to us today so we can help you take the next step with confidence!