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What questions should we ask about surrogacy?

You want to make sure that your attorney is licensed and practices in the state where you live or where the gestational surrogate lives. Ask your attorney about the relevant laws and any pending legislation or cases that can impact your matter going forward. You want to make sure you are only working with a gestational surrogate who lives and will deliver in a surrogacy friendly state. You also want to be assured that your surrogacy agreement is drafted by the attorney who is licensed in the state where the contract is enforceable.

What do we do if Surrogacy isn't allowed in our State?

You should work only with a surrogate that will deliver in a Surrogacy friendly state. It is important that you work with experienced professionals to ensure you can obtain a birth order in the Surrogates state and your parental rights are protected.

What is a birth order?

If you are using a gestational carrier, a pre-birth order is usually obtained within a couple months before the baby is due. If you are using a traditional surrogate, she will have to consent to the adoption after the birth so a pre-birth order is not an option.

Is Surrogacy legal in the District of Columbia?

The District of Columbia specifically forbids Surrogacy of any type and entering into a Surrogacy situation in District of Columbia can lead to criminal prosecution. However, if the surrogate lives in Maryland, Virginia or another Surrogacy friendly state, building your family through Surrogacy is an option even if you reside in the District of Columbia.