There are two important legal pieces to your surrogacy journey: the surrogacy contract and establishing parental rights.
1. The Contract: The surrogacy contract will cover issues surrounding everyone’s rights, responsibilities and duties. The contract will address issues on abortion, selective reduction, confidentiality, the medical protocol for the surrogacy, contact during and after the pregnancy (if desired by both parties), compensation, parental rights and custody issues.
2. Parental Rights: If heterosexual parents are working with a gestational surrogate (using the intended parents’ egg/sperm or donor egg or sperm), they will be able to obtain a pre-birth order and have their names placed directly on the birth certificate.
In some states gay parents will both be able to be put their names on the birth certificate. In other states, the non-biological parent will have to go through a second-parent adoption.