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    Gestational Carrier Agreements: 6 Things to Know

    29 October 2021

    In a pregnancy, a gestational carrier has a role similar to a traditional surrogate. The difference is that the gestational carrier is not genetically related to the child. Before pregnancy, an embryo is fertilized using the egg and sperm of the intended parents or of donors the parents choose.

    The relationship between intended parents and the gestational carrier is vital. The intended parents will typically pay all pregnancy-related medical costs for the gestational carrier. She, in turn, is obligated to undertake all necessary care for a successful pregnancy.

    Gestational carriers often have a strong relationship with the intended parents. They may develop a bond that lasts a lifetime. Even so, it is vital that the rights and responsibilities of each party to the pregnancy are clear. Families must have a gestational carrier contract. The contract is developed before the embryo is implanted and the pregnancy begins.

    Here’s what to know about these agreements:

     A Gestational Carrier Agreement is Legally Binding

    The gestational carrier agreement is a legally binding contract with the same force of any other contract you might enter into. The reason these agreements are so detailed is to ensure that, if there are any unexpected developments or conflicts, they can be resolved in a way everyone has consented to.

     The Gestational Partner’s Spouse, if Any, is a Party

    If the gestational carrier has a spouse, that person will usually be a party to the contract. Both the carrier and spouse will almost always be represented by the same attorney. This is an ordinary part of safeguarding the gestational carrier’s interests. It doesn’t give the spouse any rights over the newborn child.

     The Agreement Sets Out the Parameters of the Relationship

    The agreement spells out what to do about potential areas of contention, such as whether the gestational carrier will have any contact with the child after birth. It is normal to find mutually agreeable solutions to these issues. If the parents and gestational carrier can’t agree, the pregnancy does not go forward with that carrier.

     The Agreement Confers Control Over Medical Decisions

    The most challenging part of any gestational carrier agreement has to do with medical decisions. The intended parents are generally given full responsibility for medical decisions affecting the pregnancy. However, there may be situations – such as life-threatening danger – whether the gestational carrier or her spouse may step in.

     Parents Pay for All Attorneys – and They Are a Necessity

    To maintain a strong and positive relationship between all parties, attorneys manage the details of negotiating the agreement. You tell your attorney your needs and receive counter-offers directly through them. It is almost always the responsibility of the intended parents to pay the gestational carrier’s attorney fees, too.

     The Agreement Facilitates the Declaration of Parentage

    When using the help of a gestational carrier, you must obtain a court order of legal parentage. The order directs the hospital of birth to treat the intended parents’ as the parents and forward paperwork to the vital records department to place the intended parents’ names on the birth certificate. The intention to request an order should be included in the agreement. The actual process of getting it begins after the first trimester.

    Developing and confirming the gestational carrier agreement may seem intimidating. Still, it is for everyone’s benefit: Yours, your child’s, and the gestational carrier. For many families, the next nine months just seem to fly by once the agreement is finalized! 

    22 November 2024
    In today’s diverse family landscape, second-parent adoption has become an essential legal tool for many families, particularly for those formed through assisted reproduction, same-sex relationships, or blended families. At Modern Family Formation, we focus on adoption and assisted reproduction law across Virginia, Maryland, and the District of Columbia, and we recognize the critical importance of second-parent adoption for non-delivering parents. This legal process ensures that both parents in a family, regardless of biological connection, are recognized and protected under the law. Understanding Second-Parent Adoption Second-parent adoption, also called Confirmatory adoption, allows a non-delivering parent to gain legal recognition and parental rights without the need to terminate the rights of the biological parent. This type of adoption is particularly relevant in families where one parent is biologically related to the child, while the other is not. For example, in many same-sex couples, one partner may be the biological parent through assisted reproduction, while the other partner seeks to adopt the child to ensure equal legal standing. In some cases, the non-delivering or birth parent may be the genetic parent of the child, but will still need to adopt to secure their rights. Legal Security for Your Child The most compelling reason for second-parent adoption is the legal security it offers your child. If laws changed and your parentage was challenged, the Judgment or Order of Adoption would protect your family. This protection provided includes medical care, education, and even custody should something happen to the birthing parent. Second-parent adoption ensures that both parents can provide care and make crucial decisions throughout the child's life. Protection Across State Lines Family laws can vary significantly from state to state. Second-parent adoption creates a legally recognized relationship between a child and both parents, which is respected nationwide. This means your family can move or travel without worrying about the variability of state laws affecting your parental rights. Ensuring Inheritance Rights Without a legal parent-child relationship, a child may not automatically inherit from their non-birthing parent. Second-parent adoption safeguards a child’s right to receive an inheritance, social security benefits, or insurance payouts. It provides peace of mind knowing that, in the event of the unthinkable, your child’s financial future is protected. Emotional Stability and Recognition Beyond the legal aspects, second-parent adoption affirms the emotional bond in the family.. It validates the family unit in the eyes of society and gives the child a sense of stability and belonging. Knowing that both parents are recognized equally reinforces the child's understanding of their family structure. Facilitating Parental Responsibilities Day-to-day life involves countless interactions where parental authority is assumed or required. Picking up a child from school, authorizing a field trip, or attending a doctor’s appointment are all situations where having clear, legal parental status is essential. Second-parent adoption removes any ambiguity about who has the authority to act on behalf of the child. Preparing for the Future Life is unpredictable, and preparing for all eventualities is part of responsible parenting. Should the birthing parent become unable to care for the child due to illness or death, second-parent adoption ensures that the non-birthing parent retains full parental rights, avoiding potential custody battles with other relatives or the state. Health Insurance and Benefits Many employer health plans and government benefits extend coverage to a child only if there is a legal parent-child relationship. Second-parent adoption may become necessary for securing these benefits for your child, including health insurance, life insurance, and access to family leave if your legal relationship was challenged. Reflecting Real-Life Families Our society is evolving, and the concept of family is more inclusive than ever before. Second-parent adoption is a way for the law to catch up with reality, recognizing and protecting all family structures. It sends a message that all families, regardless of how they are formed, are valid and deserving of equal treatment under the law. Conclusion At Modern Family Formation, we believe that every family should have the opportunity to secure their bonds through the full extent of the law. Second-parent adoption is not just a legal formality; it's a crucial step in safeguarding the well-being of children and the rights of non-biological parents. It's about ensuring that love, not just biology, defines what it means to be a family. If you're considering second-parent adoption, know that you're taking a powerful step towards protecting your family's future. If you have questions or would like to learn more about second-parent adoption, please contact Modern Family Formation today!
    10 September 2024
    Adoption is a profound journey that reshapes family boundaries, often bringing immense joy and fulfillment. Among the various forms of adoption, kinship adoption stands out as a unique opportunity to maintain biological family ties while providing children with the stability and love they need. As an adoption attorney, I have witnessed firsthand the transformative power of kinship adoptions and the myriad benefits they offer to both children and families. Preserving Family Bonds Kinship adoption occurs when a child is adopted by a relative or a person with whom they share a significant emotional bond. This could be a grandparent, aunt, uncle, adult sibling, or cousin.. One of the most significant advantages of this arrangement is the preservation of familial connections. Children in kinship adoptions may experience less trauma compared to non-relative adoptions because they are placed in a familiar environment, with people they already know and trust. Continuity of Culture and Identity Children thrive on continuity, and kinship adoption can provide a sense of identity and belonging that is crucial for their development. By staying within their biological family, children can maintain their cultural heritage, traditions, and language. This continuity can help to foster a strong sense of self and supports a smoother transition into their new family dynamic. Strengthening the Support Network Kinship adoption not only benefits the child but also strengthens the support network for the adoptive family. Relatives often have an established relationship and understanding of the child's background and needs. This shared history can make it easier for the family to navigate challenges and celebrate successes together. Legal and Financial Considerations From a legal standpoint, kinship adoption can be more straightforward than other types of adoption. Since the adoptive parents are already related to the child, there may be fewer hurdles to overcome in terms of custody and parental rights depending on the circumstances. Additionally, some states offer financial assistance and resources specifically for kinship adoptions, helping to alleviate potential economic burdens. Emotional Stability and Well-Being Children in kinship adoptions generally benefit from greater emotional stability. They may be less likely to feel abandoned or rejected since they remain within their family unit. This stability is essential for their emotional well-being and may lead to better outcomes in terms of mental health, academic performance, and social relationships. Conclusion Kinship adoption is a compassionate choice that can enrich the lives of everyone involved. It offers a way to keep families together, preserve important bonds, and provide children with the love and security they deserve. As an adoption attorney, I am committed to supporting families through this process, ensuring that the best interests of the child are always at the forefront. If you are considering kinship adoption, we encourage you to explore this rewarding path and discover how it might benefit your family and your loved ones. Learn more about kinship adoption now.
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