Lombard, IL Surrogacy Contract Attorney

Dedicated Lawyers for Surrogate Pregnancy Agreements in Lombard, Illinois

Thanks to advancements in medical technology in recent decades, couples who are unable to have children on their own have more options than ever before. While adoption may be appropriate in some cases, many couples turn to assisted reproduction solutions to help them build the families of their dreams. In some cases, egg donation may provide a solution for a couple who has experienced issues with infertility, but in others, surrogacy may be the better option.

In a surrogate pregnancy, a person will agree to conceive and bear a child on behalf of a couple, who will become the child's legal parents after its birth. At A. Traub & Associates, we realize that the surrogacy process can be quite complicated, and it may involve a number of complex legal concerns. Our lawyers understand what is at stake in these situations, and we work with our clients to negotiate and draft sound, equitable surrogacy agreements. Whether you are looking to become a parent through surrogacy or may be a potential surrogate, our team can provide the guidance and representation you need to protect your rights and your best interests.

Surrogacy and Infertility

From a medical standpoint, a couple is considered infertile when a disease or disorder prevents them from conceiving a child or makes carrying a pregnancy to full term impossible. It is estimated that about one out of every eight American couples have been or will be affected by infertility at some point. For many couples who are unable to have children naturally, surrogacy may be an attractive option. Surrogacy can also help same-sex couples realize their dreams of having children.

Surrogacy Lawyers Who Know the Law

To ensure that the rights of both a surrogate mother and the intended parents will be protected, the parties can use a surrogacy agreement. This legal contract will fully detail the arrangements, ensuring that all parties understand their rights and obligations. In Illinois, surrogacy arrangements are governed by the Gestational Surrogacy Act. Under this law, there are a number of requirements that must be met in order for a surrogacy contract to be considered valid.

To be eligible for surrogacy, the surrogate must:

• Be at least 21 years old
• Have given birth to at least one child
• Undergo a medical evaluation
• Undergo a mental health evaluation
• Have insurance to cover prenatal and postnatal care. This coverage may be provided by the intended parents.
• Consult with an independent attorney regarding the terms of the surrogacy agreement

For their part, the intended parents must:

• Contribute at least one of the gametes (egg or sperm)
• Have a medical need for surrogacy, as shown by a physician's affidavit
• Undergo a mental health evaluation
• Consult with an independent attorney regarding the terms of the surrogacy agreement

The surrogacy agreement is of utmost importance because, in the absence of such a contract, Illinois law presumes that a woman who gives birth to a child is the legal parent of that child. Once this presumption is made, it can be extremely difficult to disprove.

A surrogacy contract should detail the compensation that the surrogate mother will receive for her services. It should also fully detail the rights that will apply to the parties. In addition to transferring parental rights to the intended parents, an agreement may detail whether the surrogate will have any contact with the child or receive information about the child's growth and development.

Protecting Your Rights in Surrogacy Agreements

At A. Traub & Associates, we provide trusted legal counsel to people and couples on either side of a surrogacy contract. If you are considering surrogacy, or if you are thinking about being a surrogate, we will meet with you to discuss your situation and inform you of your options. From there, we will work with you to meet the necessary requirements while ensuring that your rights are fully protected.

Contact Our Lombard, IL Surrogacy Agreement Lawyers

For more information about how A. Traub & Associates can help with your surrogacy contract, contact our office. Call 630-426-0196 for a confidential consultation today. Our lawyers represent intended parents and surrogates in Lombard, Wheaton, Arlington Heights, DuPage County, Cook County, and throughout Northern Illinois.