Understanding The Issues Of Surrogacy In Post-Roe America

The U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision in 2022 significantly altered the landscape of reproductive healthcare in the United States. It introduced new complexities into the realm of assisted reproductive technology (ART), and especially surrogacy.

At Steven H. Snyder & Associates, our surrogacy attorneys are highly experienced and committed to helping people build their families through ART and surrogacy. We are based in Minnesota, but we represent clients nationwide, where permitted. Anyone considering surrogacy, either as an intended parent or as a surrogate, needs to understand the legal legal climate after Dobbs.

If you are exploring surrogacy as an option, we invite you to contact us for a free consultation. Our experienced legal team can clarify how these recent changes could impact your journey and safeguard your rights as intended parents or surrogates. Contact us by email or call 612-504-6499 today.

Surrogate Pregnancies And Emergency Care

The variability in state laws concerning abortion post-Dobbs introduces significant legal considerations. This is particularly true as it relates to emergency care during surrogate pregnancies.

For example, suppose a surrogate resides in or is traveling through a state such as Texas, which has stringent restrictions on abortion, including prohibitions on traveling for such procedures. What if she experiences a medical emergency that requires an abortion? What are the legal consequences?

Our firm provides comprehensive legal guidance to ensure that all parties understand their responsibilities and the potential risks involved in surrogate arrangements across different states. For example, it is vital to draft surrogacy agreements that clearly outline financial responsibilities, especially concerning out-of-network emergency care, which might be needed unexpectedly.

Terminating A Surrogate Pregnancy

Discussing the potential termination of any pregnancy is delicate and undoubtedly fraught with emotional and ethical implications. This is particularly true of a surrogate pregnancy.

It is crucial to acknowledge that while surrogacy contracts can set expectations, they cannot override the surrogate’s autonomy over her body. This includes her right to terminate the pregnancy if her life or health is at risk.

It is true that surrogacy contracts may set conditions under which the intended parents might prefer the pregnancy be terminated (such as severe fetal anomalies). However, these clauses are primarily for setting expectations rather than enforcing decisions in court. In reality, it is challenging – and unlikely – for courts to enforce such terms against a surrogate’s will, especially when her health or life is not at risk.

Frequently Asked Questions About Surrogacy After Dobbs

As experienced surrogacy attorneys, we get a lot of questions about the legal landscape for surrogacy after the Dobbs decision. Here are a few common ones and their answers.

What states are not allowing surrogacy?

State-specific laws on surrogacy govern how arrangements are set up. Some states have supportive legal frameworks that recognize and enforce surrogacy agreements, while others restrict or do not explicitly recognize them.

In some states, surrogacy is legal, but the surrogate cannot be compensated. Currently, there are a few states where all forms of surrogacy are illegal or surrogacy contracts are unenforceable.

It is essential for anyone considering entering into a surrogacy arrangement to consult with a knowledgeable attorney who understands the specific laws of your state. At Steven H. Snyder & Associates, our experienced team of surrogacy attorneys can protect your rights and help make your family-building journey as smooth as possible.

Does insurance cover surrogacy in the USA?

Insurance coverage for surrogacy in the United States can be particularly complex. Different insurance policies address surrogacy-related expenses differently.

To start with, most traditional health insurance policies do not cover the costs of surrogacy. This is because surrogacy is often considered an elective medical procedure. However, certain aspects of the surrogate’s medical care may be covered through traditional health insurance, such as prenatal visits and delivery costs, depending on her individual policy.

It is crucial for intended parents to carefully review the surrogate’s insurance policy with the help of a knowledgeable attorney. As they are generally responsible for all pregnancy-related expenses, they need to understand exactly what expenses are covered by traditional insurance.

In some cases, the intended parents may need to purchase additional insurance to cover gaps in the surrogate’s existing coverage. This might include a policy specifically designed for surrogacy that covers additional risks and complications not typically included in standard health insurance plans.

Moreover, legal guidance is essential when reviewing these policies. And, any agreement with the surrogate should include clear terms about financial responsibilities, especially regarding healthcare costs not covered by her insurance.

At Steven H. Snyder & Associates, our surrogacy attorneys can examine and negotiate the terms of insurance coverage as part of comprehensive surrogacy agreements. We aim to minimize everyone’s financial risk while ensuring that the surrogate receives the medical care she deserves throughout the pregnancy.

Can surrogate mothers keep the baby in the USA?

In states where surrogacy is explicitly illegal, the surrogate mother is the legal mother of the child, but she can give that child up for adoption.

In other states, surrogate mothers cannot claim parental rights over a child born through a surrogacy agreement if certain legal steps have been followed. To prevent misunderstandings, it is important to set out clear parental rights for the intended parents in the surrogacy contract. Our surrogacy attorneys are skilled in drafting robust surrogacy contracts that establish unequivocally who the intended parents are.

Contact Us Now For A Free Consultation

As you navigate the complexities of surrogacy in post-Roe America, having experienced legal support is invaluable. At Steven H. Snyder & Associates, our dedicated team of surrogacy attorneys is here to provide comprehensive guidance and advocacy throughout your family-building journey.

Contact us at 612-504-6499 or by email today to schedule your free consultation with a lawyer. We are here to support both intended parents and surrogates through every step of this significant life event.