A surrogate or gestational carrier is a person who carries a fetus she is not genetically related to with the intent that the baby born will be raised by the intended parents. Typically, a surrogate has already successfully birthed and is raising children of her own. As part of the surrogacy process, the surrogate will generally undergo a medical and psychological evaluation to make sure she is a good candidate to become a surrogate.

Most surrogates receive compensation for their services, but some have only their expenses reimbursed (considered a “compassionate” surrogate or carrier). All of their medical expenses and other out-of-pocket expenses are also covered by the intended parents.

Surrogates must have legal representation not only for negotiating the terms of their surrogacy agreement, but throughout the pregnancy and until every expense has been appropriately reimbursed and she has fully recovered from the pregnancy. It is important that surrogates have the opportunity to ask their attorney questions as the process unfolds and have the documents associated with the parentage proceeding fully explained to her.

In addition to representing intended parents and surrogates, attorneys Joseph Williams and Casey DiPaola also run New York Surrogacy Center, a New York licensed surrogacy agency.  Their experience in that context gives them a unique perspective about all of the challenges that can occur throughout a surrogacy journey.  They bring that experience to their legal representation of their surrogate clients to help negotiate contract provisions that are protective of and beneficial to their surrogate clients.

Attorneys in our firm are licensed in New York, New Jersey, Vermont and Pennsylvania and work on matches with intended parents and/or surrogates in each of these states.

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