Modooboo

Legal Aspects of Surrogacy - Delaware

Overview of Surrogacy in Delaware

Delaware is known for its clear and structured approach to surrogacy, thanks to the "Gestational Carrier Agreement Act" enacted in 2013. This comprehensive legislation provides a detailed framework that simplifies the surrogacy process for both surrogates and intended parents. However, to navigate the complexities of surrogacy in Delaware effectively, consulting with a specialized attorney is essential.

Legality of Gestational Surrogacy

Delaware legally recognizes and supports gestational surrogacy under the "Gestational Carrier Agreement Act" of 2013. This Act outlines specific procedures and criteria for both surrogates and intended parents, ensuring a well-defined and secure process. The law provides clear guidelines to follow, helping to prevent misunderstandings and legal disputes.

Status of Traditional Surrogacy

Traditional surrogacy, where the surrogate uses her own egg, is not specifically addressed in the 2013 Act and remains largely unrecognized in Delaware. The state's legislation focuses primarily on gestational surrogacy, making traditional surrogacy a legally ambiguous option. Due to the higher legal and emotional complexities involved, surrogacy professionals in Delaware generally advise against traditional surrogacy.

Compensated Surrogacy

Delaware explicitly permits compensated surrogacy, allowing surrogates to receive payment for their services. Compensation in Delaware covers a range of expenses, ensuring that surrogates are fairly remunerated for their time and effort. This includes:

  • Mock Cycles and Embryo Transfers: Fees for any preliminary medical procedures.

  • Medication Initiation: Costs related to starting necessary medications.

  • Monthly Allowances: Covering miscellaneous expenses and housekeeping.

  • Maternity Clothing and Medical Costs: Ensuring surrogates have everything they need during pregnancy.

  • Travel Expenses and Lost Wages: Compensation for any travel required and wages lost due to medical appointments or bed rest.

  • Insurance and Legal Fees: Life and medical insurance, as well as legal and psychological counseling.

Drafting a Surrogacy Contract in Delaware

In Delaware, surrogacy contracts must meet specific criteria to be legally binding. Key requirements include:

  • Surrogate Qualifications: Surrogates must be over 21, have prior childbirth experience, and pass medical and psychological evaluations.

  • Intended Parent Requirements: Intended parents must undergo psychological evaluation and legal counseling.

  • Independent Legal Representation: Both parties must have separate legal representation to ensure fairness and clarity.

  • Witnessed Signatures: The contract signing must be witnessed by two impartial individuals.

Once these requirements are met, the contract can initiate the medical surrogacy process, ensuring that all legal and ethical standards are maintained.

Determining Legal Parentage

Delaware law supports the issuance of pre-birth parentage orders for all intended parents, regardless of marital status, sexual orientation, or genetic link to the child. These orders legally establish the intended parents' rights from the moment of birth, providing clarity and security for both the surrogate and the intended parents.

Specifics of Same-Sex Surrogacy in Delaware

Legality: Same-sex surrogacy is legal in Delaware and follows the same procedures as opposite-sex surrogacy. This often involves the use of donated sperm or eggs for IVF procedures.

Additional Laws for Same-Sex Parenting: Delaware does not have additional laws that specifically impact same-sex parenting, ensuring that same-sex couples have equal rights and protections under the law.

FAQs about Delaware Surrogacy

Enforceability of Surrogacy Contracts: Surrogacy contracts in Delaware are enforceable in court as long as they adhere to the legal standards set forth by the Gestational Carrier Agreement Act. This includes having the contract in writing, signed by all parties, and executed before any medical procedures commence.

International Surrogacy Laws: International intended parents are subject to the same legal provisions as domestic parents. However, it is recommended that they consult with an immigration lawyer to navigate the legalities of bringing the child back to their home country.

Post-Birth Adoption Requirements: Typically, post-birth adoptions are unnecessary in Delaware due to the provision for pre-birth parentage orders. However, if surrogacy is completed in another state that does not grant pre-birth orders, adoption may be required.

Second-Parent and Stepparent Adoptions: Delaware permits second-parent adoptions, which are usually utilized when pre-birth orders are not feasible. Stepparent adoptions are also available, providing a streamlined process for married couples.

Cases Involving Donor Gametes: The use of donor eggs, sperm, or embryos does not hinder the ability of intended parents to secure a pre-birth order in Delaware. State law clearly states that donors do not hold parental rights, facilitating a smoother legal process for intended parents using donated gametes.

Conclusion

Delaware's surrogacy laws, particularly under the Gestational Carrier Agreement Act of 2013, provide a structured and supportive framework for gestational surrogacy. The state's legal system acknowledges and facilitates the surrogacy process, ensuring that the rights and responsibilities of all involved parties are clearly defined and protected.

For those embarking on the surrogacy journey in Delaware, it is pivotal to work closely with legal professionals experienced in this area to ensure compliance with the state's specific requirements and to safeguard the interests of both the surrogates and the intended parents.

Guide: Everything you need to know to become a surrogate in Delaware

In this quick guide, we will cover everything you need to know about becoming a surrogate in your state, including the requirements, compensation and benefits, legal aspects, and how we can assist you in starting your journey seamlessly.

How We're Different:

Choosing Modooboo means partnering with a team that values trust, compassion, and excellence. Our extensive experience, combined with a deep understanding of the emotional and physical aspects of surrogacy, makes us a trusted ally in your journey to parenthood or in your decision to help others become parents.

Empowered by Experience

Modooboo stands apart through the personal journeys of our team members. Our collective experience not only enriches our support system but also informs our development of comprehensive programs tailored to meet the varied needs of surrogate candidates.

Top-Tier Surrogate Benefits

Surrogates choose Modooboo as their guiding agency because we've designed our program with their needs at the forefront. Experience unparalleled generosity with our package offering up to $120,000 in compensation, ensuring you're among the highest-earning surrogates in the U.S. we ensure our surrogates feel valued and respected throughout their journey.

Personal Experience, Professional Guidance

We are more than an agency; we are a community of individuals who have personally embarked on the surrogacy journey. This personal touch, combined with our professional acumen, allows us to offer empathetic, informed guidance. We understand the emotional nuances of surrogacy from both the surrogate's and the intended parents' perspectives, enabling us to foster a supportive, understanding environment for everyone involved.

Get Started with Modooboo

As a surrogate with Modooboo, you can qualify for one of the industry's highest compensations, with surrogates earning up to $120K.

Frequently Asked Questions (FAQ)

  • The journey to become a surrogate is undertaken with thorough guidance and support from our experienced team. This rewarding path begins with meeting a set of criteria essential for ensuring a healthy pregnancy and childbirth on behalf of another individual or couple. Our process is meticulous, ensuring that all potential surrogates are well-prepared for this commitment.

  • To be considered for surrogacy, candidates must:

    Be under 38 years old

    Hold U.S. citizenship or permanent residency

    Reside in states where surrogacy is legally permitted

    Be in good physical and mental health

    Have successfully given birth to and are raising at least one child

  • Becoming a surrogate involves a comprehensive process, including:

    Initial Application: Your journey starts with our online application. Following this, our coordinator will discuss the process, address any queries, and request necessary forms for background and medical checks.

    Profile Questionnaire: You'll provide detailed information about yourself, forming the basis of your confidential profile for intended parents.

    Medical Review: We'll review your obstetric records to confirm your medical suitability for surrogacy.

    Consultations: Our team will guide you through the surrogacy process and address any concerns.

    Medical and Psychological Screenings: This includes health evaluations and discussions to ensure your readiness.

    Home Assessment: A social worker will ensure your living environment is conducive to a healthy pregnancy.

    Matching Process: We'll match you with intended parents that share your surrogacy goals.

    Legal Contracting: Once matched, a legal contract is formed with the intended parents.

  • Surrogates receive monthly payments starting after pregnancy confirmation via ultrasound. The total compensation package is comprehensive, reflecting individual journeys and specifics such as multiple pregnancies or additional embryo transfers. Our surrogates' compensation is highly competitive, with detailed breakdowns available on our benefits page.

  • Experienced surrogates receive higher compensation. Returning surrogates are awarded additional payment, reflecting their invaluable experience and commitment to helping families grow. For detailed figures and benefits, visit our pay and benefits page.

  • The possibility of multiple surrogacies depends on your health and delivery history. We have guidelines on the acceptable number of vaginal deliveries and C-sections to ensure your safety. If you're considering surrogacy again, we're here to discuss your eligibility.

  • We collaborate with surrogates across states where surrogacy is legal, providing comprehensive support throughout the journey. We accommodate surrogates from across the country, covering all associated travel and medical expenses.

  • Choosing our program connects you with top-tier fertility clinics and a network of support. We distinguish ourselves through competitive compensation from the start, coverage of all related expenses, access to exceptional medical care, and unwavering support throughout the surrogacy experience.

  • If you're drawn to the surrogacy journey, please apply through our online platform. For additional insights, our FAQ section and surrogate stories offer perspectives on the surrogacy experience. For any further inquiries, our dedicated team is ready to assist you.

Join Our Community

At Modooboo Surrogacy, we believe in creating spaces where our community can flourish - filled with resources, stories, and connections. Our journey together doesn’t end here; it spans across various platforms where you can dive deeper into the world of surrogacy, find support, and celebrate the magic of creating families. Join us beyond our website to explore more