Anchorage Surrogacy Lawyer

As a surrogate, you want to help someone be able to have a family. It is a wonderful gift that you are able to give. There are many different motivations for being a surrogate. Regardless of why you are doing it, you need to understand the process, and you need to be sure you have all the pieces in place to address whatever might come up.

As a potential parent for whom a traditional pregnancy isn’t possible, you are embarking on a path that’s exciting but expensive and fraught with risk. This isn’t something to be approached lightly. You need to protect your rights as the intended parent, and you need to be sure you’re on the same page with your surrogate on many different topics.

An Anchorage surrogacy lawyer can help in both areas.

At Otterson Law & Mediation, P.C., we are passionate about ensuring a fair, reliable, and transparent process which protects the rights of both the intended parents and the surrogate. As a hopeful parent, when you decide to pursue surrogacy, one of the first things you will want to do is retain the services of an attorney who can guide you through all the aspects of this complicated legal matter. As a surrogate, our attorneys can help ensure that you receive full compensation for the gift you have given.

The Common Types of Surrogacy in Alaska

In the state of Alaska, there are two main forms of surrogacy that can be pursued legally when a couple or person is unable to conceive or carry their own child naturally. When seeking either form of surrogacy, it is essential that an attorney is brought so that both the rights of the intended parents and the rights of the surrogate are protected.

This process can be emotionally challenging for both the parents and the surrogate, and it is vital to have an attorney who understands both sides.

The two common forms of surrogacy in Alaska include:

• Traditional Surrogacy: This form of surrogacy occurs when the surrogate is also the biological mother of the baby she is carrying. Her biological egg is fertilized by either the sperm of the intended father or by a sperm donor. However, once the baby is brought to term and born, the baby joins the intended parents. This form of surrogacy is often more legally and emotionally challenging.
• Gestational Surrogacy: This form of surrogacy involves a surrogate who has no biological relation to the baby she is carrying. These days it tends to be the most common of the two types of surrogacy. The surrogate’s role is somewhat clearer, and guaranteeing the intended parents become the legal parents is more straightforward. There are many agencies which can connect intended parents to potential surrogates in a professional manner. Such agencies often also assist in structuring the basic relationship, but they do not offer legal advice. The agencies are not in a position to do so, because they must remain neutral, and they can’t have the kind of confidential conversation that is possible in a lawyer-client relationship.

When deciding whether surrogacy is right for you and your family, Otterson Law & Mediation, P.C. can review your unique circumstances and help you decide what fits your needs and situation. We are trained in this area of family and fertility law and hope to educate our clients so that they can make the decision that is right for them.

Otterson Law & Mediation, P.C.: Providing Legal Support to Donors, Surrogates, and Intended Parents of Surrogacy

Since 1988, Stefan Otterson has been practicing law in Anchorage and all across the state of Alaska. We understand the delicacy that is needed to treat fertility law cases, especially those that involve surrogacy. These can be emotionally charged times for both the intended parents and the surrogate and we hope to do everything in our power to support the interests of either party. We are here to help you build your family (or help others to do so) in a legal and compassionate way.

Whether you are the intended parents of the child seeking to establish yourselves as the parents or are the surrogate wanting to ensure that no misunderstandings mar the experience, the seasoned legal team at Otterson Law & Mediation, P.C. is here to help you through the complicated legal issues involved.

We are experienced and well-versed in the issues that surrogacy raises. We can confidently draft and negotiate surrogacy agreements.

Is Alaska a Surrogate Friendly State?

The state of Alaska is considered a surrogate friendly state as there are no laws which prohibit surrogacy currently. Alaska recognizes both gestational and traditional surrogacy as legal forms of obtaining parenthood. Without a statute which spells everything out, it is even more important to work with an attorney.

What Is a Surrogacy Advocate?

Surrogacy advocates are individuals or agencies that advocate for the rights of both the intended parents and the surrogates during these complex legal proceedings. They can provide insight into the laws and processes involved with surrogacy. Most often, surrogacy advocates can assist surrogates with receiving the compensation they deserve for the service they have provided.

Is a Surrogacy Lawyer Required in Alaska?

Though there may not be any state laws or regulations which address how a surrogacy agreement is to be set up, separate attorneys are required to represent the intended parents and the surrogate, to ensure that both parties have their rights and interests are protected. It is never a good idea for both parties to work with one attorney. An attorney cannot represent two people in such different roles. Due to ethics rules, only one party to a surrogacy can be the attorney’s client. An attorney cannot negotiate both sides of a surrogacy agreement.

What Are the Potential Legal Risks in Traditional Surrogacy?

Especially in cases of traditional surrogacy, where the surrogate is the biological mother of the child, the most common legal risk is the parentage of the baby once the baby is born. Because the mother is the biological mother of the child in traditional surrogacy, that individual must sign over her parental rights to the intended parents. This may not be completely controllable prior to the birth.

Speak with a Trusted Surrogacy Lawyer Today

If you are seeking to become a parent through surrogacy or a surrogate hoping to carry the child of another, contact Otterson Law & Mediation, P.C. With our knowledge and experience, we can guide you through these complex legal matters, no matter what role you have to play in the surrogacy. We can advise you and advocate for you, so the process is understandable, predictable, and rewarding.

Contact our offices today to schedule a consultation and learn more about how we can be of service to you.