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Surrogacy and Egg Donation Q and A


Surrogate Mothers Online Q & A
  • Q & A: Legal/Contract Issues - Surrogacy

    Topics may include contracts, legal fees, establishing parental rights, etc.

    15. I am going to be an Ai Surrogate for my sister and brother in law. We are all very excited about this . They have been waiting for a baby for several years. Here is my question, we are going to be doing the inseminations at home (at first anyway) Hopefully it will work. How do we handle the legal aspects (adoption exc.)? Also should I talk with my doctor before doing the insemination and how do I explain exactly what I am doing to the doctor? We want a doctor that accepts and supports us? And anything else you think would be helpful to us, we would love to hear. - Casey Harris - Top

    Casey,

    Sorry it has taken me so long to reply to your question but my computer has been down. Anyway, we did home inseminations to save money and we talked to OBs before we got PG to make sure that we were working with one that would support what we were doing. You can usually make an appointment for a consult just to talk with the Dr.

    As for the legal aspects the first thing you need to find out is what NC law says about naming the father on the birth certificate. Here in VA the law states that if a women is married and has a child that her husband is the father of said child until otherwise proven different. So in our case either the surrogate's husband's name went on the birth certificate or no name. If NC doesn't have that same law you could put your brother-in-law on the birth certificate as the baby's father, your would relinquish your parental rights and your sister would do a step parent adoption placing her name on the birth certificate as the mother. A step parent adoption is very easy and shouldn't cost more than a couple hundred dollars. Call around and talk to some attorney's in your area and ask how much a step parent adoption cost and what the state law is regarding naming the father on the birth certificate. Good luck and may you soon be awaiting a joyous birth.

    Lynn


    Casey,

    I strongly encourage you to do home insems. It's a lot less stressful. AND there are doctors who really make you feel bad. BUT, I would go to a doctor that deals with adoptions, and explain the situation. As for the legal issue, you c0an contact an attorney in the state of your IP's and haven them contact an attorney in NC and they will tell the family attorney how to handle all the legal aspects. Good Luck.

    Jennifer - Updated: January 31, 2000


  • Unless stated otherwise, all responses in the SMO Q&A are courtesy of one or more of the following hosts:
    • Sherry - Experienced gestational surrogate currently working on her 2nd surrogacy arrangement
    • Linda - New Mommy to twins born via gestational surrogacy and egg donation
    • Jennifer S. - Experienced AI surrogate
    • Lynn - New Mommy to a daughter born via traditional surrogacy
    • Tracie - 5 time egg donor (triplets, 2 sets of twins and 2 singletons) and 3 time surrogate (2-AI, 1-IVF).
    • Lisa - Experienced egg donor and previous gestational surrogate currently working on her 2nd surrogacy arrangement (Lisa was our former ED host, prior to July 1999.)
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