Surrogacy 法律流程

The Carrier Agreement, also called a surrogacy contract or surrogacy agreement, is the legal contract between the gestational carrier (surrogate) and the intended parent(s). The agreement will lay out each party's rights and responsibilities. It should carefully outline the surrogate's responsibilities to you as the intended parents, such as attending all required medical appointments, maintaining a healthy lifestyle during the pregnancy, and maintaining contact with the intended parents. The surrogacy agreement will also ensure the gestational carrier relinquishes her claim to parental rights over the child following the child's birth.

The surrogacy agreement will also detail the intended parents' responsibilities to the surrogate, outline their financial obligations and carefully list all the expenses they must cover throughout the surrogacy. The surrogacy agreement must also outline all potential risks and liabilities and describe each party's responsibilities should certain contingencies occur, such as a caesarian section or miscarriage. It is essential that all parties involved in a surrogacy agreement ensure the agreement adheres to their state's surrogacy laws. It is also important that all parties utilize competent attorneys in the drafting and negotiating of the agreement.

The most pressing legal issue facing any intended parent is the enforceability of the surrogacy agreement between the intended parents and the surrogate and the establishment of the Intended Parents' parentage rights. It is important that all parties work with experienced attorneys with knowledge of the requirements in the jurisdiction where the parentage legal work will occur when drafting and negotiating their contracts so that their contracts will be upheld throughout their surrogacy and that proper parentage rights will be granted and birth certificates will reflect proper parentage. It is necessary to draw up a legally binding and thorough surrogacy contract, but it ultimately comes down to the state to enforce the contract and provide the official documentation that establishes the parental rights of the intended parents.

The Pre-birth order is a court order establishing the Intended Parents' parentage of their baby being carried by their surrogate, and is one of the most important documents of the entire surrogacy process. This document ensures that the intended parents are the sole parents of the child immediately upon birth. Each state has its own set of requirements (either in statutes or case law) necessary to establish the intended parents' rights through the court proceeding. In general, it's best to start the parentage process as early as possible after confirmation of pregnancy so that the court order is in place prior to birth.

与Pre-Birth Order（出生前令）类似，这一法院命令用于确立Intended Parent对由surrogate所怀宝宝的亲权关系。在某些州，非生物学父母需要在宝宝出生后才能被添加到出生证明中，此时便需要办理Post-Birth Order（出生后令）。

In some cases, the intended parents will need to complete an adoption process to attain full legal parental rights over the child. Most situations that require adoption typically involve intended parents where one parent is not biologically related to the child. In those cases, the non-biological parent is adopting his/her spouse's biological child. It is usually a simpler, more stream-lined process than a full-scale adoption.

在某些州，intended parents可以委托律师提交产前令，在孩子出生之前就确立其父母身份。这通常需要intended parents和Surrogate共同签署文件，记录未出生宝宝的父母权利。拥有产前令能够保护intended parents的合法权利，并确保产后流程顺利进行。

某些州可能既不允许办理产前令，也不允许办理产后令。这样一来，确立父母身份的最后一种方式便是收养。具体的收养办理方式会因您的婚姻状况等因素而有所不同。这一流程通常需要出席一次收养听证会，而您的surrogacy律师会提前为您做好相应准备。