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SURROGACY / ASSISTED REPRODUCTION Surrogacy is not new: It goes back to the Old Testament and Hagar, who carried a child—Ishmael—for Abraham and Sarah. What is new is the improved medical technology which makes it more likely for you to attain your goal of parenthood. The laws regarding surrogacy and assisted reproduction vary greatly from state to state. What is important is that the law of the jurisdiction in which the child is born is the law that prevails. For example, you might live in a state whose law states that surrogacy contracts are void and unenforceable in that state. However, a neighboring state’s law may be “surrogacy friendly”. You can contract with a surrogate in the neighboring state and take full advantage of the favorable laws of that jurisdiction—once again, provided that your surrogate gives birth in that state, and not in yours. “I will do everything within my power to help you form your family through assisted reproduction without spending money unnecessarily. I will itemize any and all expenses. I will consult with you every step of the way.” To Learn more about the Surrogacy team and types of Surrogacy, please use the links below:
The Surrogacy Team:Mark Eckman does not work alone. He collaborates with a team of professionals who participate in helping you form your family. These professionals include Vivian Datoff, MSW, who coordinates counseling and sometimes performs home studies on the Intended Families; Matthew Murphy, paralegal assistant to Mark Eckman; and Jacob Leinkamp, who handles client and escrow accounts. The matching: Intended Parents and Surrogate If you reside in Virginia, your state law does not allow third parties to find a surrogate for you. However, lawyers and others can instruct you as to how to identify the surrogate who is right for you. Sometimes you find the surrogate among your own family or circle of acquaintances. Sometimes you advertise. Sometimes you make a connection on line. And sometimes you use the services of a surrogacy agency. No matter how the surrogate is identified, Mark Eckman is there to advise you. If you reside outside Virginia, please contact Mark Eckman at The Hagar Center to find out about the laws of other jurisdictions ▲ This is the simpler alternative. A woman is identified who agrees to carry a pregnancy resulting from an artificial insemination. The resulting child will be genetically related to her and to the intended father or sperm donor. The intended parent(s) are represented by an attorney, as is the surrogate. A written agreement among the parties is drafted and agreed upon. She conceives a pregnancy with her own ovum and the sperm of the intended father, or donor sperm. In some jurisdictions, the birth certificate of the child born as a result of the surrogacy agreement lists the name of the surrogate as mother and the name of the intended father or donor as father. Alternatively, the intended mother might adopt the child, just as she might adopt her husband’s child from a previous marriage. Finally, in some cases, a judge might sign an order declaring the intended mother as mother of the child. Traditional surrogacy is less costly than gestational surrogacy, since it is simpler. However, since the child is the biological offspring of the surrogate, there is greater risk that she will be unable to separate from the child following the birth, despite any written agreement that she might have entered into. In that event—which occurs rarely-- the attorneys representing the surrogate and the intended parents attempt to forge a shared custody arrangement acceptable to both sides. ▲ The child is carried by a woman who is not genetically related. The child may be:
▲ Gestational Surrogacy with Ovum Donor: The ovum of a donor is combined with the sperm of the intended father. The resulting embryo is implanted in the womb of the gestational carrier (surrogate). In gestational surrogacies, whether the ovum is that of the intended mother or that of a donor, it may be psychologically easier for the surrogate to separate from the baby, since she has no genetic relationship with the child. In any of the three cases, Mark Eckman is experienced and ready to assist you. His network of resources includes fertility clinics as well as centers devoted to sperm, ovum, and embryo donation. ▲ An embryo surrogacy can be one of the least costly routes to parenthood. Sometimes called “embryo adoption” (a misnomer, since only living human beings can be adopted, not unborn human beings), this is a route to parenthood that is especially attractive if the ability of the intended mother to produce viable ova is impaired, but she is nevertheless capable of carrying a pregnancy to term. The law office of Mark Eckman will assist you in locating a cryo-preserved embryo—of which there are estimated to be tens of thousands in storage in the United States—for implantation into the uterus of the intended mother or of a surrogate who will carry the pregnancy to term. Such embryos are generally donated, but it is customary to pay the expenses incidental to the cryo-preservation, as well as medical expenses associated with creation of the embryo. If the child is born to the Intended Parent(s), there is no need for amending the birth certificate. But if the intended Mother cannot carry a pregnancy to term using donor embryo, it is possible to engage the services of a surrogate. Some states allow the names of the Intended Parents to be registered on the birth certificate. In other states, the Intended Parents need to file a petition to adopt the child. ▲ Once Oprah Winfrey devotes a show to a subject, it means that its time has come. Accordingly, her show of Oct. 11, 2007 centered on Americans who travel to India and form their families through various kinds of surrogacy arrangements supervised by fertility clinics in the Bombay area. Mark Eckman is a pioneer in the field of international surrogacy, in both India and Latin America. Consider the pro’s and con’s:
Con’s
International surrogacy is for those who are not afraid of taking a chance. It is for those who want to be in the vanguard of family formation. Please contact us if you would like to pursue this option. It is available to married couples and single men, but unfortunately not for single women at this time. ▲ |
Mark Eckman has considerable experience both in “traditional surrogacy” and “gestational surrogacy”. He is knowledgeable about all aspects of assisted reproduction - legal, psychological, medical, and financial - and is eager to share his knowledge with you. 