Omaha Surrogacy Lawyer
When it comes to having children and becoming new parents, there are many routes to take. Some couples opt for traditional methods like intercourse to conceive, while others may turn to assisted reproductive technologies (ART) such as in-vitro fertilization (IVF). However, surrogacy may be a viable option for those who find either of those routes impossible or undesirable. Surrogacy is an arrangement where another woman agrees to become pregnant with the couple’s child and then give birth to that child. From the moment the child is conceived, the couple legally becomes the child’s parents. While surrogacy arrangements can be made through agencies or independent contractors, it is important to have an experienced Omaha attorney involved to ensure that all legal aspects of the agreement are appropriately managed.
Proudly Representing Omaha Surrogacy Clients
At Stange Law Firm, we have a team of experienced Omaha surrogacy attorneys who are familiar with the Nebraska surrogacy laws and can help you navigate through this process. We understand that this is a sensitive issue and will work to ensure your rights are protected throughout the process. Our Omaha lawyers will also work with the surrogate mother and her attorney, if she has one, to ensure everyone understands their rights and responsibilities under the surrogacy agreement. We aim to ensure that the surrogacy arrangement goes smoothly and that everyone involved is happy with the end result. Connect with us today to talk more about your case.
What Exactly Is Surrogacy?
Surrogacy is an arrangement between a woman and either two spouses or an individual in which the woman agrees to carry and deliver a baby to term for them. The couple or individual who commissions the child is referred to as the “intended parents.” Surrogacy can be either traditional or gestational.
- In a traditional surrogacy arrangement, the surrogate mother is also the child’s biological mother because she uses her own eggs in the pregnancy. The surrogate is impregnated through artificial insemination, using the intended father’s sperm or that of a donor.
- In gestational surrogacy, the surrogate has no biological relation to the child. The embryo is created using in vitro fertilization (IVF), using the eggs of the intended mother or a donor, and the sperm of the intended father or a donor. The embryo is then implanted in the surrogate’s uterus.
Who Might Choose Surrogacy?
There are many different scenarios that bring two or more parties to consider surrogacy as an option to build a family. Some of these include:
- Medical reasons: Some medical conditions make it difficult or impossible for a woman to carry a pregnancy or deliver a baby. These might include conditions like fibroids, uterine scarring from a previous C-section, or premature menopause. Under the same umbrella of medical concerns, parents could be worried about passing on any strong genetic predispositions to certain diseases or conditions that have been historically present in their family.
- Same-sex couples: Because one member of a same-sex couple will not be able to provide the genetic material required to create an embryo, the couple will need to seek out a sperm or egg donor in order to pursue traditional surrogacy. If both members of the couple wish to be involved in the genetic process of their child, then they may opt for a gestational surrogate who can carry the pregnancy.
- Recurrent pregnancy loss: If a woman has experienced three or more consecutive pregnancy losses, she may be diagnosed with recurrent pregnancy loss (RPL). While there is no known cure for RPL, some couples may opt to use a surrogate to achieve their goal of carrying a pregnancy to term.
- Previous fertility treatments: Women who have undergone numerous fertility treatments, such as in vitro fertilization (IVF), may be at an increased health risk for complications during pregnancy. As a result, their doctors may recommend that they pursue surrogacy to reduce their risk.
- A solo individual: An individual who wishes to become a parent but does not have a romantic partner may also pursue surrogacy. This is becoming increasingly more common as there have been fewer options for single individuals in the past.
What Is the Process of Surrogacy Like?
The process of surrogacy is long, overwhelming, and complex. It is important to clearly understand what you are getting into before you begin.
The first step is finding a surrogate willing to carry your child. This can be done through a surrogacy agency or by word of mouth. Once you have found a surrogate, you will need to have a legal contract that outlines both parties’ rights and responsibilities.
Next, the surrogate will undergo a series of medical tests to ensure that she is physically capable of carrying a pregnancy. Once a doctor has cleared her, the surrogate will begin taking hormones to prepare her body for pregnancy.
After the surrogate is ready to become pregnant, the eggs and sperm will be collected from the intended parents or donors. The eggs will be fertilized with the sperm in a lab, and the resulting embryos will be implanted in the surrogate’s uterus.
Once the embryo has been implanted, the surrogate will carry the pregnancy for 9–10 months before giving birth to the baby. After the baby is born, the surrogate will have no legal rights or responsibilities for the child.
What Are the Risks of Surrogacy?
While surrogacy is a safe and effective way to build a family, some risks are involved.
- Financial risk: The cost of surrogacy can range from $50,000 to $100,000, and there is no guarantee that you will be able to have a baby through this method. In addition, there is also the risk that the surrogate could develop complications during the pregnancy, which could result in additional medical bills.
- Legal risk: While most surrogacy contracts are ironclad, there is always the possibility that the surrogate could change her mind and make the unexpected decision to keep the baby. If this happens, you could be left without a child and without the money you invested in the surrogacy process unless you have a legal contract that stipulates otherwise.
- Emotional risk: While most surrogates have no problem giving up the baby after birth, some develop a strong emotional attachment to the child. If this happens, it could be difficult for you to take the baby home with you.
What Are the Benefits of Surrogacy?
Despite the risks, many benefits also exist for pursuing surrogacy:
- It allows you to have a biological child. If you are unable to carry a pregnancy yourself, surrogacy provides you with the opportunity to have a child that is genetically related to you. The child will be born with a biological father and mother who are part of their direct life.
- It allows you to choose the surrogate. If you use a surrogacy agency, you can choose the surrogate based on her medical history, lifestyle, and personal preferences. This ensures that you are comfortable with the person who is carrying your child.
- It allows you to have a say in the pregnancy. For example, with surrogacy, you can choose how many embryos are implanted, whether genetic testing is done, and what type of prenatal care the surrogate receives. This level of control is not possible with other fertility treatments, such as in vitro fertilization.
- It allows you to take on as much or as little responsibility as you want. If you want to be involved in every step of the surrogacy process, you can be. If you would prefer to let the surrogacy agency handle everything, that is also an option.
- It allows you to have a baby when carrying a pregnancy yourself is impossible. If you have a medical condition that makes pregnancy risky, surrogacy provides an alternative way to have a child.
Why Do You Need a Surrogacy Lawyer?
While surrogacy is a safe and effective way to have a child, it involves a variety of complex legal factors. A surrogacy lawyer is a true lifeline during this process, guiding you through every step and protecting your rights.
- Drafting and reviewing the surrogacy contract: The most important piece of the surrogacy process is the contract between you and the surrogate. This contract should outline all the details of the arrangement, including who will pay for what, the surrogate’s medical care, and what will happen if she changes her mind. A surrogacy lawyer will help you draft this contract to reflect your wishes and protect your interests accurately.
- Negotiating with the surrogate: Once you have found a potential surrogate, your lawyer will help you negotiate the terms of the surrogacy arrangement. This includes discussing the surrogate’s medical care, compensation, and other important details.
- Handling the legal paperwork: There is a significant amount of legal paperwork that needs to be completed during the surrogacy process. A surrogacy lawyer will handle all of this paperwork for you, ensuring that it is completed correctly and filed in a timely manner.
- Resolving unexpected legal issues: A number of potential legal issues could arise during the surrogacy process. Should any of these occur, your lawyer will be there to protect your interests and resolve the issue as quickly as possible.
- Answering any questions or concerns you have: You will likely have many questions and concerns throughout the surrogacy process. A surrogacy lawyer can provide you with the guidance, expertise, and support to make the best decisions for your family.
- Represent you during a settlement or in court: If a dispute arises during the surrogacy process, your lawyer will represent you during settlement negotiations or in court, if necessary. This would be for the most extreme cases where the surrogate changes her mind or is not following through with the arrangement as agreed upon. Some people wait until these situations arise to contact an Omaha surrogacy attorney. If you already have an established relationship, you can avoid these unfortunate outcomes.
What to Look for When Choosing a Surrogacy Lawyer?
When choosing a surrogacy lawyer, it is important to find someone with experience in this area of law. This ensures that they are familiar with the surrogacy process and the legal issues that can arise. Ask specific questions about their experience, such as how many surrogacy cases they have handled and what kind of outcomes they have achieved. If they have never handled a surrogacy case or can only answer questions with information they acquired from reading rather than experience, you should keep looking.
It is also important to find an Omaha surrogacy attorney who you are comfortable with and who you feel truly has your best interests at heart. Since you will be working closely with them throughout the surrogacy process, it is important that you feel like you can trust them. The best way to assess their level of commitment is to schedule an initial consultation with the lawyer and ask them any questions you may have about the surrogacy process. If there is a clear genuine connection and understanding, you can trust that this person will serve as a great advocate for you during the surrogacy process.
Finally, you should also ask about the fees associated with their services. Some lawyers charge an hourly rate, while others have a flat fee for the entire surrogacy process. There are also some lawyers who will only charge a fee if you successfully find a surrogate and complete the surrogacy process. Be sure to ask about their fee structure upfront. This way, you will have no surprises that could financially drain you during one of the most critical processes of your life.
Contact Stange Law Firm Today
The surrogacy process is incredibly rewarding but also complex. It is important that you have a surrogacy lawyer on your side who can guide you through the process and protect your interests. If you are looking for a surrogacy lawyer in Omaha, contact Stange Law Firm today. We have a team of experienced surrogacy lawyers who can help you navigate the process and ensure everything goes as smoothly as possible. Contact us today to secure the legal help you need.
Douglas County (Omaha), Nebraska Office (402-509-1801): 9202 W. Dodge Rd., Suite 302, Omaha, Nebraska 68114