Surrogacy / Geststional Carrier and Assisted Reproduction

surrogate attorney
Surrogacy / Gestational Carriers
Surrogacy is legal in Virginia and is one of the few states with a comprehensive set of laws. Gestational carriers become pregnant by embryo transfer and the host is not biologically related. While it is not recommended, it is also legal to utilize the surrogate’s egg in creating the embryo.

Virginia has two statutory schemes, meaning that there are two different legal routes that can be used.

The first route is the Court procedure. When the parties select the Court procedure, they obtain prior approval of the court after all parties obtain a home study and have a psychological study conducted. The benefit of this procedure is that the surrogate cannot change her mind after six months from the last insemination. This procedure is the less common route because of the additional expenses and evaluations that must be completed.

The second route is the out-of-court administrative procedure. When the parties choose this procedure, the parties execute a proper legal agreement, conduct post-birth genetic testing, obtain a doctor’s Affidavit and execute consent and birth certificate forms. The application is then filed with the Virginia Department of Vital Records. The surrogate/gestational carrier can consent 3 days after birth. No court is involved and Vital Records issues a new birth certificate with the intended parents’ names.

Egg and Sperm Donation Agreements
Whether the donor is a relative, a friend, or anonymous, you need to have the terms of the donation set forth in writing. Terms include not only what happens during the procedure but also what happens after the baby is born. This includes financial terms, such as compensation and reasonable expenses. The agreement sets clear boundaries and when properly prepared, prevents current and future problems, ensuring everyone understands how the donation proceeds. Understanding that cycles do not wait for the legal work, Stan makes drafting these agreements a priority and typically prepares them within two business days.
Gestational Carrier Agreements
Stanton Phillips has over 25 years of experience in drafting Gestational Carrier Agreements and Surrogacy Agreements. Each agreement is tailored to meet the individual needs of his clients and is prepared with the goal of protecting his clients in most conceivable situations that could arise.
Reviewing and Negotiating Gestational Carrier Agreements
Stan’s extensive experience in drafting Gestational Carrier Agreements allows him to know what is needed when reviewing an agreement and knows what are the priorities to negotiate for his client.
Intended Parent Representation
While this may be your first time going through the process, Stanton Phillips has gone through the process many, many times and has fine-tuned his practice to make the legal and practical aspects easy for the intended parents and gestational carrier.
International Intended Parents
Stan understands his international client’s needs. He has worked with clients in numerous countries in both Europe and Asia. The number one question those clients ask is how quickly they can take the baby home. Depending on their home country’s requirements, the family is usually able to go home as quickly as two weeks and in most cases within a month. Stan frequently works with the intended parents’ attorney in their home country to meet the legal requirements in that country. In some countries, Virginia’s administrative process is not sufficient, so a court order will need to be obtained to establish parentage. Quickly obtaining a passport for the child is an art for which we can provide direction and assistance.
Gestational Carrier Representation
Stan’s representation of hundreds of birth mothers in adoption cases has prepared him to representant Gestational Carriers. Stan has learned that in both adoption and surrogacy, what the woman wants is a good experience. What this entails is engaging with her and educating her to make meaningful decisions, establishing the proper connections at the hospital so that they are aware and prepared for her arrival and knowing what steps are necessary to make this an easy process for both the gestational carrier and intended parents.
Embryo Adoption
In Virginia for those women who are medically able to carry a child to term, embryo adoption is an exciting option. Families that conceive through IVF often complete the process leaving frozen embryos in storage. They may then choose to donate those unused embryos for embryo adoption. The embryo adoption process can be anonymous or the parties can meet. In embryo adoption, the embryos are transferred into the womb of the adoptive mother so that she may bear the child. Stan has drafted many Embryo Adoption Agreements.