Why Is A Carrier Agreement Necessary?
A carrier agreement is necessary because it is an agreement between the Intended Parents and the Surrogate. If the surrogate is married, her spouse is also a party to this contract. This type of agreement is necessary because it establishes the intent of the parties and clearly defines the legal rights and responsibilities of everybody involved in the process. This is extremely important in Ohio since the law states that a woman who delivers a child is presumed to be the mother of that child and if she is married, her husband is also considered to be the father of that child. After the surrogate becomes pregnant, this agreement is utilized to demonstrate to the court that the Intended Parents should be legally recognized as the legal parents of their future child and that their names should be listed on the birth certificate. This agreement also defines the parties’ financial responsibilities, includes insurance information, confidentiality relating to future contact between the parties and any children that are born and much more.
Also, most reproductive clinics will not proceed forward until they have received legal clearance from the attorney. The legal clearance letter informs the reproductive clinic that an agreement is in place between the parties.
What Is The Legal Requirement In Ohio For Surrogacy?
The first step in surrogacy process is to have a carrier agreement drafted and executed between all the parties involved. This step happens before the carrier becomes pregnant. The second step occurs following the pregnancy. The law in Ohio states that a woman who gives birth to a child is presumed to be the mother of the child and if married, her spouse is presumed to be the father. In a surrogacy matter, this is not the intent of the parties. In Ohio, a court order is required to establish parentage between the intended parents and their child. Establishing legal parentage between the Intended Parents and their child can occur either before or after the child is born. Ideally legal parentage is established pre-birth and in most situations we are able to obtain a pre-birth order for all of our clients.
What Is The Difference Between Gestational And Traditional Surrogacy?
In a gestational surrogacy situation, the Intended Parents create embryos which are then implanted into the surrogate who has no genetic relation to the child. This is the majority of the surrogacy cases in this area. In traditional surrogacy, the surrogate generally becomes pregnant through artificial insemination and she does have a genetic relation to the child that she is carrying for the Intended Parents. There are oftentimes many hurdles to jump through in traditional surrogacy. It’s possible in Ohio but gestational surrogacy has less legal hurdles.
How Do Intended Parents Start The Surrogacy Process?
The first step is to research reproductive agencies, reproductive clinics and also speak with an attorney regarding the legal process in Ohio. Intended Parents not only need to find a surrogate and the right reproductive clinic but they also need to ensure that, at the end of the process, any children resulting from the surrogacy arrangement are considered their children legally and have their names listed on the birth certificate.
How Long Does The Surrogacy Process Take?
The length of time varies for everyone. However, on average, it takes approximately a year and a half from the time you begin working with your reproductive agency until you have your child.
For more information on Surrogacy Carrier Agreement In Ohio, a Free Case Evaluation is your best next step. Get the information and legal answers you’re seeking by calling (937) 715-0705 today.
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