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Thread: PA, VA/MD, or NC

  1. #1
    Join Date
    Jun 2010
    Location
    NYC but soon to be Los Gatos, CA
    Posts
    31

    Question PA, VA/MD, or NC

    Hi Diane,

    I've found three gals that would all make fabulous gestational surrogates for me. I am a single woman (unmarried) and am using my own eggs but donor sperm.

    I've done 9 IVFs without pregnancy, have no fallopian tubes, and would be considered "infertile" by any sane court. :-)

    One gal is in VA close to MD and could give birth there, one is in NC, and the other is in PA (Centre County).

    Given the legalities of each state, can I please ask which would be your first and last choices in terms of PBOs, contracts, etc?

    Thank you!
    Linda

  2. #2
    Join Date
    Feb 2008
    Location
    Washington, DC
    Posts
    331

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    Hi, Linda. You have not told me one key fact: Where you live. MD and PA will both honor parentage orders from other states. I am not sure about NC. So your own state might open up the field if you live in a "friendly" state. Then you can get the court order in your own state and select whichever GC you feel the best about.

    I would not select VA to process the birth certificate unless you know the GC really really well. If the baby is born in VA, she has 3 days to change her mind to keep the baby. If, however, the contract is written under MD law and her OB is in MD and the court order is in MD -- then you should be okay. Just make sure you work with an attorney who knows which courts will grant a pre-birth order based on a plan to deliver. (Some will and some won't.)

    PA varies county by county as to whether a judge will grant a parentage order if there is an egg donor involved. Crazy. So, again -- if your state is good, there is not issue. You can do the court work in your state and then PA will simply recognize it. If not, it takes a bit more creativity -- and then it also depends on who the sitting judge is at the time the baby is born. I don't like that uncertainty and would prefer MD over that.

    NC is in a state of flux because of a nasty state supreme court on second parent adoptions. The local attorneys are there not willing to predict anything at the moment.

    So, where does that leave me? First, can you give me a good home state to throw into the mix? If not, I'd go for the Northern Virginia GC but have her start to see an OB in MD right away so that you can use that relationship when your attorney asks for the pre-birth order.. in MD. And the contract would be written under MD law, too. Write to me off-line for attorney recommendations in MD. Oh right, I am in MD if you decide on that option!!

    Diane Hinson, Esq.
    Creative Family Connections LLC
    2 Wisconsin Avenue, Suite 700
    Chevy Chase, MD 20815
    240-235-6006
    dhinson@creativefamilyconnections.com
    www.creativefamilyconnections.com

  3. #3
    Join Date
    Jun 2010
    Location
    NYC but soon to be Los Gatos, CA
    Posts
    31

    Default

    Hi Diane,

    Sorry for not explaining my location! :)

    I am currently living in NJ but am a resident of CA (and am moving back there next month).

    Thank you for your reply!
    Linda

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