Quick answer
Before performing an embryo transfer, fertility clinics require a legal clearance letter from the attorneys who drafted and reviewed the gestational carrier agreement. Building Families provides that letter, then helps intended parents obtain a pre-birth order and, after birth, a final parentage order and birth certificate.
What is a legal clearance letter, and why do clinics require it?
Fertility clinics require a letter of legal clearance from the attorneys who drafted and reviewed the gestational carrier agreement before they will perform the embryo transfer. This confirms that the legal groundwork protecting intended parents and the carrier is in place. It also controls some of the actions of the fertility clinic including the number of embryo(s) transferred and how long they have to complete the transfer(s).
What is the process, step by step?
Building Families walks intended parents through the following path:
- Contact Building Families and share any previously agreed terms.
- Building Families drafts the gestational carrier agreement.
- The parties review and negotiate the agreement.
- Building Families provides a legal clearance letter to the fertility clinic.
- Once there is a viable pregnancy, the parentage phase begins.
The first call covers both the contract and parentage phases, answers questions, and walks through a form for any unique terms not already covered by the agency match sheet. Surrogacy is a long process, and Building Families stays with intended parents through both phases.
What happens after a viable pregnancy?
Once pregnancy is confirmed, Building Families works on parentage by obtaining a pre-birth order, and after the child is born, a final parentage order and birth certificate.
Does this apply to all family structures?
Yes. Heterosexual and same-sex couples, married or unmarried, as well as single individuals who use a surrogate or donor gametes or embryos, may need parentage proceedings so both partners share legal rights. Building Families helps each family determine the right course to establish parentage.
Learn more about surrogacy and ART or contact us.
Frequently Asked Questions
What is a pre-birth order?
A pre-birth order is a court order obtained during pregnancy that establishes intended parentage before the child is born.
Do same-sex couples need a parentage action even if both names are on the agency match sheet?
Yes, parentage proceedings are necessary so both partners share full legal rights, regardless of what's noted on the agency match sheet.
How long does the legal-clearance and parentage process take overall?
The process from contract drafting to legal clearance usually takes about six weeks. The parentage process is usually started around 14 weeks' gestation such that the pre-birth order can be in place around the time of a viable pregnancy.
What if we used a known or directed donor rather than an anonymous one?
This can affect the parentage process but depends on the exact circumstances of your donation. It is best to consult with a fertility attorney to determine your pathway to parentage.
The information contained here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.