Our clients, Daniel and Mike, are excited about the prospect of becoming parents. They believe they have found a perfect surrogate, and they decided Mike would be the genetic father. They have come into the office for an initial "orientation" to the process ahead. What would you need to cover?
What will be an ideal response?
We need to consider two separate processes. The first, the surrogacy arrangement, will require some negotiations. Is it to be altruistic or commercial? We must determine what provisions need to be made for amount of money, the artificial insemination, support during pregnancy, guaranteeing Mike's genetic fatherhood, and myriad other details. Can the surrogacy contract stipulate that both Mike and Daniel will become the baby's parents? We could provide sample agreements to help the couple choose. Then we need to deal with the adoption. Is gay adoption available in that state? Are they married, or in a domestic partnership or a civil union? Is second-parent adoption available, if necessary? Would they be eligible for stepparent adoption? They will have a lot to think about, and we will have to provide state-specific information to them.
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