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Sometimes, despite multiple attempts at assisted reproductive technology, the recommended next course of action for certain prospective parents is surrogacy. This is a process where a gestational carrier (GC) carries and delivers a child for a couple or individual, known as the intended parent(s) (IP). GCs are impregnated through in-vitro fertilization (IVF), with embryos created from either the intended mother or egg donor and sperm from the intended father or a sperm donor.
Surrogacy can be necessary for a multitude of reasons, including situations where the intended mother doesn’t have a functioning uterus, or a medical condition that makes their uterus unsuitable for pregnancy, like extensive fibroids or scarring of the uterine cavity. It is also a wonderful option for gay couples who may need a gestational carrier to expand their family.
Although surrogacy has increasingly become a more common option over the years for family-building, it remains a complicated process — and one that requires a legal contract between the intended parents and the gestational carrier.
Anyone considering surrogacy will need a lawyer specializing in this field, and that’s where International Reproductive Law Group Inc. comes in. IRLG is the largest legal practice dedicated to assisted reproductive technology, evolving out of its employees’ desires to have children themselves. With more than 28,000 assisted reproductive technology cases successfully completed, the experts at IRLG are the best in the business when it comes to advising intended parents on how to choose a surrogacy lawyer. The firm's commitment to inclusivity is evident in its dedication to serving a diverse clientele, including same-sex couples and singles, ensuring that everyone has the opportunity to build their family. Watch their video here.
“Our core mission is to provide comprehensive, compassionate, and expert legal services to intended parents embarking on their surrogacy and donation journeys,” Jessica Junyent, Director of Business Development at IRLG, tells Rescripted. Still, finding a surrogacy lawyer can be an overwhelming process for IPs, so Junyent broke down her top five tips here:
Questions to ask a potential surrogacy lawyer
1. As an intended parent, will I be interacting with a paralegal or an attorney?
Paralegals — otherwise known as legal assistants — are indispensable employees of any law firm. Despite their extensive knowledge, however, they are not qualified lawyers, so IPs should ensure their point of contact is an attorney. “IRLG is primarily an attorney-only firm,” says Junyent, “so clients will be interacting directly with an attorney rather than a paralegal.”
She provides three critical reasons for this arrangement:
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Expert Guidance: “Attorneys have specialized knowledge and experience in assisted reproductive law, essential for navigating the complex legal landscape of surrogacy and/or egg/sperm donation. This ensures that clients receive the most accurate and effective legal advice.”
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Consistency and Reliability: “By working with an attorney throughout their journey, clients maintain a consistent point of contact, reducing the chances of miscommunication and ensuring all aspects of their case are handled with the utmost care.”
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Efficient Resolution: “Attorneys are better equipped to quickly address any legal issues that arise, minimizing delays and potential complications.”
By guaranteeing that IPs will work directly with an attorney, IRLG sets itself apart from other law firms “that may delegate significant responsibilities to paralegals, potentially leading to delays or errors due to less comprehensive training and experience,” says Junyent.
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2. As an intended parent, will I need to interact with multiple law firms, or should I hire an attorney licensed in multiple states to obtain my parentage judgment and ensure communication is centralized?
Junyent recommends hiring an attorney licensed in multiple states for the following reasons:
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Streamlined Process: “It centralizes communication, reducing the need for coordination between different law firms, which can complicate and prolong the legal process.”
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Consistency: “A single attorney overseeing the case ensures uniform legal advice and strategy across different jurisdictions.”
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Efficiency: “This approach minimizes the risk of conflicting legal guidance and potential delays caused by inter-firm communication.”
IRLG attorneys are licensed to practice throughout the U.S., as well as in several other countries. “This extensive licensing allows the firm to provide seamless legal services, avoiding the need for external collaborations that other firms might require,” explains Junyent. “This comprehensive approach aligns with our vision of being a trusted partner, ensuring clients feel supported and empowered throughout the process.”
3. Does the law firm have multilingual staff?
Since we live in a global society, Junyent suggests finding a multilingual law firm to handle your surrogacy case for the reasons laid out here:
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Clear Communication: “[A multilingual staff] ensures that intended parents who speak different languages can fully understand the legal processes and documentation, reducing the risk of misunderstandings.”
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Inclusivity: “It demonstrates a commitment to serving a diverse, global clientele, making the legal journey smoother for international clients.”
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Enhanced Experience: “Multilingual capabilities improve the overall client experience by making legal support more accessible and comprehensive.”
For the record, IRLG has a multilingual staff, which “showcases [its] dedication to inclusivity and the ability to cater to clients from various linguistic backgrounds, enhancing the level of service provided,” says Junyent. “This aligns with our mission to make the complex and ever-changing legal landscape accessible and manageable for all clients.”
4. Can the attorney travel to the birth state to assist with the birth certificate and passport process?
Having this as an option can make a world of difference for both IPs and GCs, says Junyent:
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On-the-Ground Support: “Having an attorney present ensures that all legal and bureaucratic processes are handled efficiently and correctly during the critical time surrounding the birth.”
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Expedited Documentation: “In certain jurisdictions, we can expedite the issuance of birth certificates and passports, reducing stress for the intended parents and their gestational carrier.”
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Peace of Mind: “The presence of an attorney provides reassurance that all legal requirements are being met and any issues can be swiftly addressed.”
IRLG attorneys can travel to the birth state, which, explains Junyent, provides “personalized, hands-on assistance.” In addition, this ability “particularly benefits international clients who may be unfamiliar with local procedures and need additional support.” This service exemplifies IRLG’s “vision of ensuring clients feel supported and empowered throughout the process.”
5. Does the law firm offer translation services?
Junyent also recommends choosing a law firm that offers translation services as part of your surrogacy plan:
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Accurate Communication: “It ensures that intended parents who do not speak English can fully understand legal documents and communications.”
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Error Prevention: “Accurate translations prevent costly errors and misunderstandings, which are crucial in legal matters.”
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Comprehensive Support: “Offering translation services demonstrates our commitment to providing thorough and accessible support tailored to the needs of a diverse, international clientele.”
As part of its extensive support, IRLG offers translation services as well. In doing so, the firm “ensures that all clients, regardless of language barriers, receive clear and accurate legal guidance, further enhancing the firm's reputation for inclusivity and client care,” says Junyent.
If you are pursuing surrogacy and would like to learn more about IRLG’s services, visit their website at https://irlawgroup.com.
Sarene Leeds holds an M.S. in Professional Writing from NYU, and is a seasoned journalist, having written and reported on subjects ranging from TV and pop culture to health, wellness, and parenting over the course of her career. Her work has appeared in Rolling Stone, The Wall Street Journal, Vulture, SheKnows, and numerous other outlets. A staunch mental health advocate, Sarene also hosts the podcast “Emotional Abuse Is Real.” Visit her website here, or follow her on Instagram or Twitter.