As couples and individuals are getting more inclined toward seeking alternative options for family building, international surrogacy has gained importance over the years. It has become common and desirable for couples unable to conceive naturally.
Surrogacy offers an alternative path to parenthood. However, the legal aspect surrounding international surrogacy is complex and requires expert assistance. Christina Sherman, PLLC, and its firms have a thorough understanding of the laws, regulations, and potential challenges involved in international surrogacy arrangements.
Concept of International Surrogacy
International surrogacy refers to the surrogacy arrangement in which the intended parents surrogate with the help of egg or sperm donors residing in different countries. This arrangement prefers surrogates from countries with lower costs, availability of the surrogates, and less restrictive regulations in countries.
International surrogacy is an inviting option for many couples, but the legal complexities can be daunting to handle. However, with the help of an attorney, one can easily understand the laws governing surrogacy across countries. The consultation with an attorney also reduces the probability of legal conflicts.
Legal Framework of Surrogacy Across Borders
While some countries support commercial surrogacy, a few allow only altruistic surrogacy. The United States has a well-established framework for commercial surrogacy, and it has already laid down rules and regulations that allow intended parents to legally compensate the surrogate for the services.
The state governs international surrogacy and requests that the intended couples form a legal contract or a legally binding agreement with the surrogate. The contract should outline the terms and responsibilities of both parties. An attorney will help the couple understand and handle the involvement of multiple jurisdictions while drafting the contract.
Medical screenings ensure that the surrogate is ready for the process, which becomes the foundation for the upcoming contract. The agreement between the two parties must demonstrate compensation allocated for the surrogate, including expenses related to medicines, living allowances, and any other additional costs.
The contract of international surrogacy should explicitly state that the intended parents will have full authority over the child born while the surrogate relinquishes all claims to parentage. In cases of cross-border surrogacy, it is necessary to specify the legal jurisdiction that will govern the agreement and the method for resolving disputes if they arise in the future.
Parentage and Citizenship
In many US states where surrogacy is legal, the intended parents can obtain a pre-birth order that establishes their parental rights even before the child is born with the help of an attorney. In addition, the US is very adaptable in cases of international citizenship. A child born abroad can acquire citizenship if at least one of the intended parents is a citizen. However, this process may involve legal procedures and documentation.
Ethical Considerations
Ethical issues cannot be ignored in the case of cross-border surrogacy. The rising concerns about exploitation, coercion, and the commodification of surrogates have led to debates and stricter regulations in some countries. A surrogate must understand the process, the rights, and the potential risks involved. These are some of the fundamental ethical considerations when choosing an international surrogate.
In addition, the compensation should be standardized with commercial surrogacy to ensure that the surrogate is not exploited or coerced due to financial need. An attorney will help both parties involved understand and acknowledge their responsibilities in this contract. However, the couple and the surrogate must hire independent legal counsel to avoid conflicts of interest. This arrangement will also ensure that both parties’ rights are protected.
International surrogacy comes with legal risks, such as conflicting laws, the enforceability of contracts across borders, and delays due to travel and immigration. An attorney will help to understand the legal landscape for both the intended parent’s and surrogate’s countries, focusing on surrogacy, parentage, and citizenship laws.
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