What are the legal implications of surrogacy agreements?

In Virginia, surrogacy agreements involve legal implications because they involve a contract between a surrogate (or gestational carrier) and the people who will be the intended parents. This contract will usually include details about the medical expenses associated with the pregnancy, the rights each party has regarding the genetic material, and the legal responsibilities each party has once the baby is born. Surrogacy agreements in Virginia also must address parental rights. If the baby is born using a surrogacy agreement, the intended parents must file a petition for a declaration of parentage in court. This is necessary in order to be recognized as the legal parents of the child. The surrogate will have to make it clear that she is not the legal parent and agree to the transfer of parental rights to the intended parents. This will ensure the intended parents are legally recognized as the parents of that child. The court will also need to review the surrogacy agreement to make sure it is in everyone’s best interest. The court will determine if the agreement is valid and fair, and will review the rights and responsibilities laid out in the contract. This is to ensure the surrogate and intended parents are protected, as well as the best interests of the baby. Finally, in Virginia, surrogacy agreements must be handled by a qualified attorney that specializes in this area of law. They will be able to advise the intended parents and surrogates, and will handle the legal paperwork required to finalize the agreement. This will ensure the contract is legally binding and that the rights of all parties are protected.

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