Surrogacy Law — From Matching to Parentage, End‑to‑End Support

Surrogacy is legal in the U.S. but varies by state. Compliance paths, contract terms, clinic steps, and parentage orders (pre/post‑birth) all require careful control. Our Irvine ART team supports U.S. and international clients with clear timelines and enforceable documents at every step.

View Services & Process
State Law and ComplianceDefine allowances, required documents and procedures, and build an actionable timeline.
Contracts and Legal ClearanceSurrogacy/donation agreements, disclosures and consent, and Legal Clearance Letters.
Escrow and Cost ControlThird‑party escrow, budgeting, and transparent milestones and proofs.
Parentage and Newborn DocumentsPre/post‑birth parentage orders, birth certificates, and cross‑border documents.

How We Plan and Implement

We clarify your state's allowances and limits, align clinic requirements and your timeline, set milestones and document lists, draft/review/negotiat e agreements, issue legal clearance, coordinate with clinics/agencies, and manage funds via third‑party escrow for full traceability.

For international parents, we plan visas, birth registration, and return documents so U.S. steps align with recognition and filings back home.

Project Types and Key Documents

Surrogacy Agreement: medical decisions, fees, risk disclosures, confidentiality, and dispute resolution to ensure fairness and enforceability.

Gamete/Embryo Donation Agreement: anonymous/known choice, data sharing scope, future contact, and medical updates.

Legal Clearance Letter: issued after execution, disclosures, and escrow to advance medical steps.

Parentage Orders: pre‑/post‑birth orders per state law to reflect intended parents on birth certificates.

Insurance and Budget: assess maternity coverage and exclusions; define transparent milestones and escrow controls.

U.S. and International Parents: Getting Started

U.S.: verify state rules, define matching strategy, screening cadence, and agreement timing.

International: consider home‑country recognition and filings; plan visas, birth certificate, and travel documents.

Common Keys: independent counsel, full disclosure, third‑party escrow, clinic compliance, and active timeline management.

Process (Illustrative)

1. Plan and Scope

clarify goals/budget, confirm state law and clinic requirements, set timeline and documents.

2. Matching and Screening

match surrogate/donor, complete medical/genetic screening, and finalize disclosures/consent.

3. Agreements and Escrow

draft/negotiate agreements; set escrow and payment milestones with records.

4. Clearance and Medical Steps

issue Legal Clearance Letter; coordinate embryo transfer and pregnancy management; address contingencies.

5. Parentage and Documents

apply for pre/post‑birth orders; obtain birth certificate and cross‑border documents; close out.

FAQs

Do both sides need independent counsel?

Strongly recommended and often clinic/court‑required to evidence voluntariness, fairness, and understanding.

When is the legal clearance issued?

After final agreements, escrow funding, and required disclosures, enabling transfers and scheduling.

Anonymous vs. known donation—how to choose?

Consider privacy expectations, future contact, and medical update needs; define data sharing and communication in the agreements.

How to ensure financial transparency and safety?

Use third‑party escrow with milestone payments, reconciliation, reimbursements, and receipts; avoid direct payments unless pre‑agreed in the contract.

This page is general information, not legal advice; surrogacy/donation are governed by state law, federal rules, and clinic policies. Consult us for tailored guidance.

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