Is Using a Surrogate Mother Right for Me?

Posted on in Family Law

Kane County family law attorneysEvery day, hopeful men and women take a pregnancy test only to find out that they are still childless. Sometimes, infertility can be caused by an injury or genetics, and other times, a couple simply has trouble conceiving. Individuals may wish to have a child but, for a myriad of reasons, are not able to carry the child themselves. In these cases, many people turn to surrogacy to create the family of their dreams.

What Is Required of the Surrogate Mother and Intended Parents?

The state of Illinois passed The Illinois Gestational Surrogacy Act (IGSA) in 2005 in order to clarify the rights of both the future parents and the surrogate mother. It is important to note that this act only applies to instances where the surrogate mother is not also donating her reproductive egg cells in order to conceive the child. In order to benefit from the legal protections contained in the IGSA, intended mothers should either provide the egg cells themselves, of if this is not possible, find an egg donor separate from the surrogate mother.

The IGSA protects the rights and interests of both the surrogate mother and the future parents. For instance, it can prevent the surrogate mother from attempting to seek custody of the child after it is born and helps parents avoid lengthy court hearings. In order to qualify for the protections offered by the IGSA, there are certain requirements which both parties must meet. Furthermore, decisions regarding financial compensation and parental rights must be detailed in a valid surrogacy contract. The law also requires both parties to consult with independent legal counsel.

How Do I Know If Surrogacy is Right for Me?

Choosing the way you create your family is a deeply personal decision. No one can tell you that surrogacy is right or wrong for you. However, there are a few things to keep in mind when making the decision. Using a surrogate mother to carry your baby will be very expensive. The cost can range from $80,000 to $120,000 on average. Secondly, you may experience backlash from people in your life who do not agree with your decision to use a surrogate for ethical, religious, or other reasons. On the other hand, surrogacy allows a couple or individual who cannot have their own child to finally create the family they want.

If you have further questions about surrogacy, contact The Law Offices of Douglas B. Warlick & Associates today for a confidential consultation regarding your case. Call 630-232-9700 to speak with an experienced Kane County family lawyer.



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