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Academy of Adoption & Assisted Reproduction Attorneys

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Home > Assisted Reproduction (ART) > The Process

The Process

Whether you are seeking to be a gestational carrier or you would like to grow or expand your family through surrogacy, the surrogacy process may feel like it has constantly moving parts. It is helpful to have in a list of all the steps and potential pieces of surrogacy, so that you can refer back to it from time to time. This may help participants in the process to have a sense of control, as well as to give them a framework for seeking more information from the various professionals involved.

Below is a broad outline of the potential steps involved in a gestational surrogacy:

Match between carrier and intended parent(s).
  • May include background checks on all parties.
  • Psychological evaluation for carrier and husband/partner.
  • Psychological evaluation for intended parent(s).
Choose a fertility clinic/fertility center.
  • Determine whether using donated embryos.
  • Determine whether using intended parents’ genetic material, or whether using donated sperm, eggs, or both.
  • Work with clinic to create or obtain embryos.
  • Decide what if any pre-implantation testing will be done.
Medical evaluation and clearance of the carrier.
Retain attorneys.

Intended parent(s) will be represented by an attorney, and surrogate and spouse/partner will have a different attorney.

Determine how the carrier’s maternity expenses will be paid.

Arrange for a review of her insurance plan, if desired.

Prepare and sign the surrogacy contract.
Send legal clearance to fertility clinic/fertility center.
Carrier to undergo medical treatment to prepare for transfer.
Enjoy the pregnancy!
Coordinate with the hospital.
  • Make sure the hospital is aware of the surrogacy.
  • Provide the hospital with appropriate delegations of decision-making responsibility (e.g., power of attorney, court order, etc.).
  • Arrange for a separate room for intended parents, if available.
Participate in the legal process for parentage.
  • Work with the attorneys, who will prepare the necessary pleadings. Each state is different.
  • Appear in court if necessary. The court hearing may be pre-birth or post-birth, depending on the court.
  • Obtain parentage order.
  • Obtain birth certificate with intended parents listed.
Welcome the baby.
  • Immediately enroll the child on the intended parents’ insurance plan.
  • Intended Parents apply for a Social Security number for the child.
  • Assisted Reproduction (ART)
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      • The Process
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AAAA Mission

The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is a credentialed organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties.

Contact Info

Academy of Adoption and Assisted Reproduction Attorneys (AAAA)
859 Riverside Drive, #9
Greenwood, IN 46142

T (317) 407-8422
Info@adoptionART.org

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DISCLAIMER: The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) website is designed for general information only. Nothing on this website establishes an attorney-client relationship with AAAA or any of its member-attorneys.  AAAA website content does not constitute legal advice from AAAA or its member-attorneys to any reader or to the general public.  The law constantly changes and varies across state and international borders.  Consult qualified legal counsel in your jurisdiction regarding your particular situation. Click here for the AAAA Attorney Directory. The names and contact information included on this site are for the purpose of searching for an attorney for a particular legal case. The contact information may not be used for commercial, promotional, or advertising purposes.

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