Choose a lawyer who handles surrogacy cases often and knows the state laws tied to your journey. The intended parents and surrogate should each have their own lawyer. Ask for a written scope. It should cover the contract, parentage, donor issues, insurance and escrow, and any work needed before or after birth.
A warm personality helps. Deep knowledge of state law and steady follow-through matter more.
Start with the states, not the nearest office
Surrogacy law is different in each state. Your legal plan may depend on where the parents live, where the surrogate lives, where the contract is signed, where treatment occurs, and where the baby is expected to be born.
Consider a couple living in Texas, a surrogate living in California, and a clinic in Nevada. A lawyer who has handled only local family cases may miss surrogacy rules or the parentage process in another state. Ask first: “Which states affect our case, and who will handle each one?”
If California is involved, review California Surrogacy Laws for Intended Parents as a starting point. Then get advice for your facts.
Independent counsel is a core protection
The intended parents should not share a lawyer with the surrogate. Each side needs room to ask private questions. Each needs advice aimed at its own rights and duties.
ASRM’s gestational-carrier guidance calls for each party or couple to have independent legal counsel licensed in the relevant state. California Family Code section 7962 also requires the surrogate and intended parent or parents to have separate independent licensed attorneys of their choosing before they sign the contract.
An agency can coordinate lawyer introductions and deadlines. It should not interpret the contract or answer case-specific legal questions for either side.
Six things to test during the first meeting
1. Hands-on surrogacy work
Ask how much of the lawyer’s current work involves surrogate contracts and parentage. Find out whether the lawyer tends to work for intended parents, surrogates, or both in separate cases.
Work in adoption, divorce, or estate plans is not the same as day-to-day surrogacy work.
2. State and parentage strategy
Ask which state’s law may control the contract and where parentage papers may be filed. The lawyer should ask where each person lives, whether the parents are married, who provided the egg and sperm, and where the birth may occur. The lawyer should also ask about donor use and cross-border needs.
The parentage plan should cover timing, hospital papers, birth records, an early birth at a new hospital, and any work after birth. Surrogacy Parentage Order explains the questions intended parents should track.
3. Donor and embryo issues
Tell the lawyer if the embryos were made with donor eggs, donor sperm, donated embryos, or sperm from both intended fathers. Ask if a donor contract already exists. Its terms should fit the clinic forms and the surrogacy contract.
Stored embryos also raise questions about future use, storage, and who may make key choices. Do not assume an old clinic form answers every legal issue.
4. Insurance and medical-expense coordination
The contract should say how care for the surrogate and baby is expected to be funded. A lawyer should know when to bring in an independent insurance expert. The lawyer should also show how the coverage review affects the contract.
California section 7962 requires the contract to state how medical bills for the surrogate and baby will be covered. When health coverage is used, the law calls for a review of key policy terms, possible liability, liens, other coverage, and notice rules.
Use Legal and Insurance Protection Resources to map the experts involved. No lawyer or agency should promise that a policy will pay every claim.
5. Escrow and financial terms
Ask how the contract will cover pay, refunds for costs, lost wages, travel, bed rest, childcare, medical bills, and unplanned events. Confirm when escrow must be funded and who runs it. Ask what statements you will receive and what happens if funds run low.
The lawyer may coordinate with an escrow company without holding the funds. Ask who is responsible for each task.
6. Communication after signing
Legal work does not always end when the contract is cleared. Ask who handles a change to the terms, a new clinic, an insurance issue, parentage filings, hospital contact, an early birth, and final papers.
Know the response method for urgent questions. Also ask who covers the matter if the primary attorney is unavailable.
Fee and scope questions worth asking
- Is the fee flat, hourly, or a combination?
- What work is included in the initial retainer?
- Are negotiations capped or billed separately?
- Does the fee include the parentage proceeding?
- Are court filing, local counsel, courier, notary, and travel costs separate?
- Is donor-agreement review included?
- Are hospital letters and post-birth documents included?
- What events trigger a new fee?
- Will I receive a written engagement agreement and itemized invoices?
Compare the work in each quote, not just the totals. A lower contract fee may leave out parentage and birth work that another quote includes.
Warning signs
Pause if a lawyer or program:
- proposes one lawyer for both intended parents and surrogate;
- guarantees an outcome or calls every case “standard”;
- cannot explain which state laws may control the case;
- dismisses donor or non-genetic-parent questions;
- pressures the parties to sign without time for review;
- supports medication or embryo transfer before required legal clearance;
- avoids written fee and scope terms; or
- treats insurance and escrow as someone else’s problem but cannot say who owns the task.
Make the choice you can rely on during delivery week
The right lawyer does more than write a long contract. That lawyer finds the rules that control the case, protects each side’s own choices, guides the parentage path, and makes clear who must act next.
Talk with more than one lawyer if needed. Choose the person who gives clear answers, names what is not yet known, and understands the full path from legal clearance to the last parentage paper.