When you work with surrogacy, you need to make note of what Delaware surrogacy laws are enforced. The legal side of surrogacy is required as part of the process to protect your needs, wants and other interests.
To get more information about surrogacy laws in Delaware, fill out our online form today.
Working with a surrogacy attorney will help you achieve your surrogacy goals by offering clear guidelines about responsibilities for each party involved.
Delaware is Surrogacy-Friendly
Thanks to the surrogacy laws in Delaware, there is a clearly defined legal path for intended parents and surrogates. These laws help to create a positive impact on the process and allow for ease in establishing parental rights while protecting the interests of both parties.
Delaware has also made compensated surrogacy legal as long as both parties follow the guidelines Delaware has set for contracts. With compensation and responsibilities noted, a contract including compensated surrogacy is enforceable. It is also noted that any compensation a surrogate receives must be handled by an escrow agent.
Delaware Surrogacy Law Requirements & Surrogacy Contracts
There are specific surrogacy laws in Delaware that define requirements for all gestational surrogacy contracts created in the state. These requirements are as follows:
Surrogates
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Be at least 21 years old
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Have previously given birth
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Have completed a medical and mental health evaluation
Intended Parents
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Have completed a mental health evaluation
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Have obtained legal representation and been advised of the potential legal consequences of their surrogacy contract
As long as the above criteria are met, surrogacy contracts are recognized and enforced according to Delaware surrogacy laws. A surrogacy contract is required before any medical processes can proceed. It’s important for a contract to outline the risks and responsibilities before an embryo transfer can occur. These laws are in place to ensure everyone is on the same page with the expectations of the process ahead. Once the surrogacy contract is agreed upon and taken into effect, you may proceed with the medical process.
Pre-Birth Orders
The surrogacy process requires you to apply for a pre-birth order, which will ensure you become the legal parents of your child before they are born. This will grant you the ability to make any legal or medical decisions regarding your baby.
Delaware surrogacy laws state that the parentage of a child born via surrogacy can be declared by the court pre-birth with the order taking effect at the time of birth. Intended parents include married couples, unmarried couples or single people with or without a genetic relationship to the child born via surrogacy. It should also be noted that according to Delaware surrogacy laws, a surrogate or donor does not have any claim to a child born of surrogacy. The Delaware Gestational Carrier Agreement Act clearly states that a gestational carrier is “not a parent of a child born as a result of a gestational carrier agreement.”
No matter what, it’s important to connect with a surrogacy specialist at the beginning of your surrogacy journey. Working with one of our surrogacy specialists will grant you access to our network of surrogacy attorneys and other professionals in the surrogacy field to help you achieve the best experience possible.
Get started with us today by calling 1-800-875-2229 (BABY) or fill out our online form to connect with a surrogacy specialist.