This is a summary of the general timeline of this process, please note that unique circumstances or variable occurrences may affect the timeline listed below.
Contractual Stage
1. Clients can reach out to the attorney at any point in the commencement of their surrogacy journey for (1) initial consult and (2) retention of the attorney’s services.
2. Once the Intended Parents have been matched with a surrogate, either independently or through an agency, and the parties have been medically and psychologically cleared, the attorney will reach out to clients to go over any information that may still be needed for the contract prior to drafting. If there is an agency involved, the agency will send confirmation of surrogate’s clearance and general information regarding the parties.
3. The initial draft of the contract will be sent to the Intended Parents for their initial review soon after confirmation of Surrogate’s clearance.
4. Clients and attorney will review the agreement and modify as needed.
5. Upon completion of the initial review, the contract is sent to the Surrogate’s attorney for her to review with her Attorney.
6. After negotiation, the final agreement is signed by the parties with a notary.
7. Once the contract is signed, legal clearance will be sent to the IVF Clinic Physician. With this legal clearance, the IVF Clinic can now begin the medical portion of the process and get the transfer scheduled.
Parentage Establishment
8. In the last trimester, Clients and Attorney will discuss the parentage proceedings and Attorney will obtain all of the information needed for the parentage establishment post birth. (A pre-birth order confirming the validity of the surrogacy and the information of the parties may be obtained prior to this, but consult with Attorney for specific details)
9. Attorney will prepare the legal documents required for the establishment of parentage, as well as, communicate with the birth hospital to make sure hospital has everything they need in preparation of the surrogate birth.
10. Upon birth of the child or children, Attorney will set a hearing which is typically scheduled within the next week following the birth.
11. The judgment is signed at the hearing and sent that day to Vital Statistics to obtain the birth certificate with the Intended Parents’ names on it. If the “rush” election is made, the birth certificate usually takes between 7-10 business days.
12. International Clients*: Once the birth certificate is received the clients can obtain the passport for the child or children within 2-3 business days of their appointment. Additionally, Attorney will order certified copies of the birth certificate and/or court order as needed.
- initial client consult & attorney retained
- surrogate is medically and psychologically cleared
- initial draft of the surrogacy contract review between Parents and Attorney
- contract is sent to Surrogate’s Attorney for Surrogate’s review
- final contract is signed and notarized
- legal clearance is sent to IVF Physician & Clinic
- embryo is transferred to Surrogate
- client attorney consult for birth information
- attorney reaches out to hospital to prepare hospital for birth
- child (or children) is born
- parentage establishment hearing is held & judicial order signed
- birth certificate is obtained
- International Clients: apostilled document copies ordered & passport obtained
- International Clients: Clients can return home