Are you considering a surrogacy journey, but don’t know what to expect? 


It’s normal to feel overwhelmed — after all, it’s a huge decision. 


While there are many things to consider during this adventure, one of the most important is working with independent legal counsel. 


You’ll need someone who understands the complexities of surrogacy law and will be able to represent you throughout your entire process.


This ensures that all parties involved are protected and that your interests, as well as theirs, are safeguarded throughout the entire process. 

Why Independent Legal Counsel?


Embarking on the surrogacy journey is a collaborative effort between the intended parents and surrogates. 


To ensure a fair and legally sound process, it’s crucial for each party to have their own independent legal counsel. 


This separation of representation serves as a safeguard, providing unbiased guidance tailored to the unique circumstances of each side helping to prevent any misunderstandings or disputes that may arise during the surrogacy journey.

What Role Does an Independent Legal Counsel Play?

As an intended parent, you’re investing a significant amount of time, money, and emotion into this process, and the surrogate is performing a crucial role in helping you achieve your dream of having a family.


Having an independent legal counsel can assist with the following:

  • Ensuring That Both Parties’ Interests are Protected: As the intended parents you may have a common goal of creating a family, but the surrogate may have different expectations and concerns that they want to address before entering into a surrogacy agreement. 


These can include legal, medical, and financial concerns, among others. Independent legal counsel can ensure that each party’s rights and expectations are taken into account and put into place.

  • Creating a Legal Framework that is Sound, Clear, and Complete: There are various legal considerations to factor in when it comes to surrogacy agreements including requirements, expectations, and obligations of each party. 

An independent legal counsel can ensure that the surrogacy arrangement is within the bounds of the law and that both intended parents and surrogates understand all the legal implications that come with surrogacy.

  • Assistance in Drafting Legal Documents: They assist in drafting the necessary legal documents, including a gestational surrogacy agreement that outlines the rights, responsibilities, and expectations of all parties and serves as the guiding document throughout the surrogacy journey.

  • Avoiding Future Legal Disputes: With everything correctly documented and laid out, the chances of disagreements arising in the future are minimal. However, in the rare event that a legal dispute arises, having legal counsel to provide legal advice and representation ensures that any legal issue during and after the surrogacy journey will be resolved promptly and professionally.

Surrogacy journeys can be emotionally charged, and intended parents as well as surrogates may encounter setbacks and challenges along the way. 


That’s why it’s important to have an independent legal counsel who can provide both professional and emotional support as well as expert guidance while offering empathy and emotional support when needed.


Deciding if surrogacy is the best path for you and your family? Have questions? Contact our office today, we’re here to help!