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How can a same-sex family law attorney help with a surrogacy?

Surrogacy provides same-sex couples that cannot conceive a child with an option other than adoption in order to have a child. In this process, a surrogate mother and the couple enter into a contract that will protect the rights of both parties. However, because the laws related to surrogacy are complicated and constantly changing, couples that consider this option may need the knowledge and resources of an experienced California same-sex family law attorney. 

A surrogacy agreement covers many issues, each with its own legal requirements. The experience and objectivity of an attorney will allow him or her to inform you of costs, timelines and potential stumbling blocks that may arise, while also answering any questions you may have. He or she will likely have contact with prospective surrogates, along with the skills to conduct interviews, and will do background checks when necessary. To better the chances of having a healthy child, medical screening -- both physical and psychological -- will have to be arranged.

Discussing the sensitive matter of compensation with the surrogate may be best handled by an attorney who knows the customary amounts charged and can help you avoid feeling pressured into inappropriate charges. In order to manage your relationship with the surrogate mother prior to the child's birth, your legal representative will provide guidance to facilitate a relationship that will suit both parties. It is not uncommon for disputes to arise between prospective parents and surrogate mothers, and your lawyer will be able to act as an intermediary to resolve such issues. 

An attorney will assist a California same-sex couple in drafting a surrogacy contract that will be enforceable and addresses known and unforeseen issues that may arise. This contract will cover the period from obtaining a surrogate, as well as through the months of pregnancy and thereafter. Ensuring that all aspects of a surrogacy arrangement are legal, parenthood free of unpleasant litigation in the future may be obtained. Our same-sex family law website may provide answers to additional questions.

Source: FindLaw, "Top 10 Reasons To Use An Attorney: Surrogacy Arrangement", Nov. 21, 2014

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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