Intended Parent Legal Services

Jennifer works with all families including single parents, lesbian and gay parents, married or unmarried clients.  Her practice is broad and inclusive.  

Jennifer can help you structure your Gestational Carrier Agreement with your Gestational Surrogate, Egg Donor or Sperm Donor to protect your parental rights.  Admitted in Maryland, Virginia and the District of Columbia, Jennifer understands how and why problems arise in this area of the law and designs Gestational Surrogate and Donor contracts to avoid legal problems and to protect the parties to the contract.

For clients desiring to match with a gestational carrier privately, Jennifer will provide advice and guidance on advertising and searching Gestational Surrogate.  She will also assist you in vetting the carrier and addressing legal issues prior to agreeing to a match.  In this process, you actively search for a gestational carrier on your own through networking and advertising while Jennifer provides consulting advice and oversight of your process.  Jennifer does not match you with a gestational carrier or donor through her law firm but can assist you in finding a carrier through your own efforts or through her network of contacts Jennifer works with several programs that will assist you in finding a gestational carrier.  Once matched, Jennifer will provide you with independent legal representation.  

Jennifer has experience that will protect your legal rights and relationships by preparing and negotiating a comprehensive set of legal agreements with your Gestational Surrogate and/or your Donor. The agreement will detail the parties’ rights, obligations, intentions and expectations. Specifically, the agreement will address parental rights, custody, choice of hospital for delivery, post-birth contact between the parties, and health insurance. The agreement will also cover who makes medical decisions and how those decisions will be made during a pregnancy, payment of medical bills, liability for medical complications, financial considerations such as the gestational carrier/surrogate’s compensation and expenses including lost wages, legal fees, child care, housekeeping, and maternity clothes, coverage for life insurance, the need to provide medical history and personal medical information, continued contact through the process, and intended parents’ presence during doctor visits and the delivery.

Jennifer will be your advocate in this rapidly developing area of the law to enable you to better understand the relevant factors and make the complicated decisions that will arise throughout the process. As part of the process, if you request, Jennifer will work with the staff at the hospital at which the Gestational Surrogate is to deliver to ensure a smooth process. At the client request, Jennifer will draft a detailed birthing plan that incorporates any specific requests or procedures mandated by the hospital. Jennifer will work with you to devise a legal strategy that best fits your needs such as preparing a Petition for Declaration of Parentage requesting a court order recognizing your rights as the legal parents and terminating any presumed parental rights of the Gestational Surrogate. Doing so greatly facilitates the issuance of a birth certificate that lists the correct parentage of your child and simplifies the delivery process as well.

The services provided by this firm are legal services only.  The firm does not locate or "match" intended parents with gestational carriers but can help clients who are searching for a carrier on their own through private avenues.

Can we be placed on the birth certificate if using a Surrogate?

This will completely depend on the state in which you live and/or the state where the surrogate delivers, as well as the type of Surrogacy involved (traditional or gestational).  You attorney should advise you what will happen with the birth certificate and what procedure is involved at the time you are matched with your surrogate. 

Client reference

We hired Ms. Fairfax to draft a gestational carrier (surrogacy) contract. She was very easy to work with and knowledgeable about our options and industry standards for this type of contract. I would highly recommend her. - K. Abood

Client reference

We hired Ms. Fairfax to draft a gestational carrier (surrogacy) contract. She was very easy to work with and knowledgeable about our options and industry standards for this type of contract. I would highly recommend her. - K. Abood

“I believe in working with each of my clients—in support of their family dynamic—to make the dreams of parenthood a reality. Whether you are single or married; or gay; a step-parent, a surrogate or intended parent or a child of adoption, it is my mission to serve as your advocate. With a dedication to the ethical and sensitive nature of each situation, I will help you understand the laws within Maryland or Washington, DC for adoption or surrogacy, and pledge to be your partner throughout the journey.” - Jennifer Fairfax

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