An “Art Attorney is an attorney who specializes in assisted reproductive technology and family formation law. , including surrogacy, egg donation, embryo donation, sperm donation, parental establishment, non-traditional family formation, co-parenting and second parent adoption. Attorneys specializing in assisted reproductive law create contracts that allow for legally-sounded family building, clearly stating the legal rights, responsibilities, and protections of all parties involved. Utilizing the services of a lawyer beforehand will help prevent any kinds of legal challenges afterwards.
Many couples and individuals choose to become parents via surrogacy. Whether your a heterosexual married couple, single individual or same-sex couple everyone must enter into a surrogacy agreement or pre-planned adoption agreement. It is important that you have a full understanding of how the laws of Florida work for a surrogate journey for you.
Entering into a legally binding contract with your surrogate can be emotional and overwhelming to some. This is why it is important for an intended parent(s) to do your research on “art attorneys” in your area. You should research the qualification and experience of any attorney that you are thinking of working with. It will benefit you to retain a reproductive attorney with substantial experience in both drafting of the contract as well as all court proceedings. It is important that the attorney is prepared to handle all the specifics that should be included in the legal contract. When meeting with a reproductive attorney to discuss a gestational contract the following topics are discussed to know that you meet the requirements. It is important so that the gestational surrogacy contact is valid in Florida.
- The gestational surrogate must be 18 years of age or older.
- The commissioning couple are married and both 18 years of agency or older.
- A doctor has determined that the couple cannot physically gestate a pregnancy to term or that the hesitation would cause a risk to the commissioning mother or the gestation would cause a risk to the health of the fetus.
- The commissioning couple agrees that the surrogate will be the sole source of consent with respect to the management and clinical intervention of the pregnancy.
- The surrogate agreed to reasonable medical evaluation and treatment and to adhere to reasonable prenatal medication instructions.
- The surrogate agreed to relinquish all parental rights upon birth and to cooperate with the judicial proceedings.
- The couple agreed to accept custody and full parental rights and responsibilities of the child upon birth regardless of any physical impairment.
- The surrogate agreed to assume prenatal rights and responsibilities of the child if neither member of the commissioning couple were the genetic parent of the child.
- The commissioning couple agreed to pay only the reasonable living, legal, medical, psychological and psychiatric expenses of the surrogate that are directly related to the prenatal , during pregnancy and postpartum periods.
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