How A Lawyer Can Smooth The Road To Successful Surrogacy

If you want to parent a child, and you and your partner cannot conceive a child together, or you are single, surrogacy is one path among many available to you. While assisted reproductive technology has made the medical aspect of this choice safer and more successful, legally it is a complex and potentially difficult journey.

Attorney Melissa Torto, founder of the Law Office of Melissa L. Torto, LLC, advises clients who desire to become parents via surrogacy. From her office in Boston, she advises clients nationwide on the best ways to structure surrogacy contracts, to ensure parental rights are respected, and to avoid liability during or after the pregnancy. She works with families from all walks of life, including same-sex couples.

Steps To Creating A Strong Surrogacy Agreement

Each set of future parents who meet with Melissa brings a unique set of circumstances to the table. She advises them and helps chart a path to parenthood, taking into consideration factors such as the following:

• The state laws in the area where the surrogate will deliver the baby – some states are friendly to surrogate pregnancies, and others are less so.
• The enforceability of surrogate contracts in the state in which the surrogate plans to deliver the baby.
• State laws and court decisions related to compensation for a surrogate’s expenses during the pregnancy.
• Whether the pregnancy will be achieved utilizing donated eggs or embryos.
• Whether the state in which the surrogate delivers allows “pre-birth orders” that establish parentage for the couple.
• If any other steps will need to be taken to ensure that the intended parents of the child will be recognized legally.

If you or your potential surrogate live in a state with unfavorable laws related to surrogate parenting, it is essential to talk to an attorney to determine what your options are. This ensures that all your safeguards are in place before the pregnancy begins and minimizes the possibility of costly and emotionally painful litigation. You can check some frequently asked questions about surrogacy as answered by attorney Melissa Torto.

Surrogacy Law And Insurance In Massachusetts

Insurance policies vary widely and not all cover surrogacy-related expenses, such as medical care for the surrogate or the baby. Some intended parents attempt to review policies themselves, but this can lead to missed details or misunderstandings about the entire matter. The surrogate’s insurance may reject claims upon learning of the surrogacy arrangement, creating unexpected financial burdens. State laws also influence whether the surrogate’s insurance or the intended parents’ policy applies, adding another layer of complexity.

Attorney Melissa Torto helps intended parents review insurance policies before embarking on their surrogacy journey. She identifies potential coverage gaps and guides on supplemental insurance options specifically designed for surrogacy arrangements. This detailed analysis prevents surprise medical bills and helps ensure appropriate coverage throughout the pregnancy.

When working with a surrogate, Melissa assists in addressing several critical insurance questions:

• Will the surrogate’s current health insurance cover a surrogate pregnancy?
• Are there exclusions or limitations for gestational carriers in the policy?
• What additional insurance protections might be necessary?
• How should medical expenses be handled in the surrogacy agreement?

Melissa’s thorough review process helps families avoid costly insurance disputes and helps ensure that proper financial protections are in place for all parties involved.

Post-Surrogacy Legal Steps That Help Ensure Smooth Transition

The birth of a child through surrogacy marks not the end but a transition point in the legal journey. Several important legal steps must be taken following the birth to secure the intended parents’ rights and help ensure the child’s legal status is established correctly.

Melissa guides families through these essential post-birth legal processes, which may include:

• Obtaining prebirth or post-birth parentage orders depending on state requirements
• Securing accurate birth certificates listing the intended parents
• Completing second-parent adoptions when necessary in certain jurisdictions
• Addressing potential interstate complications if the birth occurred in a different state
• Proper termination of any parental rights of the surrogate

When children are born through surrogacy arrangements that cross state lines, additional complexities may arise. Melissa works with families to coordinate the necessary legal documentation across different jurisdictions, preventing potential legal conflicts regarding parentage.

For international intended parents, Melissa provides guidance on immigration requirements and citizenship matters to help ensure the child can return home with the parents without delay. This comprehensive approach to post-birth legal requirements gives families peace of mind during what should be a joyful time focusing on their new child.

Call 617-812-9974 For Trustworthy Counsel On Surrogacy

Partnering with an experienced surrogacy law attorney can ease your stress and allow you to prepare for the birth of your child. Contact attorney Melissa Torto at her office in Boston for an online consultation by calling 617-812-9974. You may also use this site’s online contact form to send her a message.