Lily Collins and Charlie McDowell's Surrogate Baby
In March 2025, actress Lily Collins (Emily from Emily in Paris) and her husband, filmmaker Charlie McDowell, announced the birth of their first child, a daughter named Tove Jane Mcdowell. What made their joyful news even more significant was their announcement that Tove was born via a surrogate. Their heartfelt post praised the “incredible surrogate” who made their dream of parenthood possible and touched millions who may be considering the surrogacy journey themselves.
For many, the idea of surrogacy can seem hopeful, yet complex. Lily Collins’ openness not only sheds light on a deeply personal process, but also highlights a broader conversation that is growing in importance – the legal landscape surrounding surrogacy and the critical role of surrogacy attorneys in the process.
As surrogacy continues to become a more commonly used method to parenthood, especially for couples facing infertility challenges, LGBTQ+ families, and single individuals, understanding the legal implications is crucial. Whether you’re an intended parent, a surrogate, or simply exploring the process, this week’s blog dives deep into why legal representation is not only recommended, but essential.
Why Lily Collins and Charlie McDowell Chose Surrogacy
While Lily Collins and Charlie McDowell have kept much of their personal journey private, Collins has been open in the past about her struggles with eating disorders during her youth. Eating disorders may have long-term effects on fertility, and it has been speculated that these factors may have contributed to the couple’s decision to pursue gestational surrogacy.
Their transparency serves as a beacon of support for others navigating infertility or complex medical histories. Their story also underscores the reality that the road to parenthood is rarely simple, but instead paved with emotional, physical, and yes, even legal considerations.
A Quick Overview on Surrogacy
While we have extensive resources on surrogacy on our website, let’s quickly recap what surrogacy is. Surrogacy is an arrangement in which a person (the surrogate) agrees to carry and deliver a baby for another individual or couple (the intended parent/parents). There are two main types of surrogacies: traditional and gestational. In traditional surrogacy, the surrogate uses her own egg and is genetically related to the child. This method is now rarely used, due to legal and emotional complexities. Gestational surrogacy is when an embryo created using the egg and sperm of the intended parents (or donors) is implanted into a surrogate’s uterus. In this case, the surrogate has no genetic ties to the child. Lily Collins and Charlie McDowell, like many others, had their child through gestational surrogacy. While the medical and emotional backdrops of surrogacy are widely discussed, the legal side is just as critical, and often not as talked about.
Legal Landscape of Surrogacy
Why the Legal Side of Surrogacy Matters
Surrogacy laws are not uniform. In the United States, surrogacy legislation varies state by state. Some states fully support compensated surrogacy, while other prohibit entirely, or only allow altruistic (unpaid) surrogacy. This patchwork of laws can make surrogacy a legal minefield without proper guidance. In the case of high profile individuals like Lily Collins and Charlie McDowell, it is safe to assume that they worked with experienced legal professionals to navigate this complex process, but the same care should be taken by anyone going through surrogacy.
What Does a Surrogacy Attorney Do?
A surrogacy attorney plays a central role in protecting the legal rights of both the intended parents and the surrogate. Here’s a breakdown of why hiring a surrogacy lawyer is essential.
Surrogacy contracts are legally binding agreements that outline the rights, responsibilities, and expectations of both the intended parents and the surrogate. A surrogacy attorney will ensure that compensation terms are fair and legal; responsibilities, such as medical care and lifestyle choices, are clearly stated; dispute resolution procedures are included; and that the surrogacy aligns with the laws of the state/country where it is occurring. This is why it is so important to have a surrogacy attorney draft and review a proposed contracts, prior to either the surrogate or the intended parents signing them.
Another vital aspect of surrogacy is determining who the legal parents of the child are. A surrogacy lawyer will handle pre-birth orders, post-birth orders, and second-parent adoption proceedings, if needed. Depending on the jurisdiction, you may be advised to submit a pre-birth order, which is a court order declaring the intended parents as the legal parents before the child is born. Some jurisdictions require a post-birth order, which is filed after the child is born to legally establish parentage. An adoption proceeding may be necessary, depending on the jurisdiction, to establish a partner’s parentage over a surrogate child. An experienced fertility and surrogacy lawyer will help you understand which type of path to legal parentage is the most appropriate for you in your jurisdiction and help make sure that the order is iron-clad and leaves no legal gray areas.
As we have mentioned, each state has different surrogacy regulations. A qualified surrogacy attorney helps you to navigate states where compensated surrogacy is legal (such as California or New York); states where surrogacy may be banned or have legal restrictions on it (such as Michigan), and any type of state regulations on residency requirements or court jurisdiction rules for legal filings.
While Surrogacy is often discussed from the perspective of the intended parents, it is just as important to protect the rights and well-being of the surrogate. Surrogacy attorneys help to enforce the Surrogate’s Bill of Rights (in states that have enacted these, such as New York); access to independent legal representation; and insurance and medical coverage protections. An experienced surrogacy attorney will be able to identify if an agreement is in a surrogate’s interests, or if something should be added, removed, or modified to better protect the surrogate’s interests.
A Look at New York’s CPSA
New York is one of the most recent states to reform surrogacy laws. In 2021, the Child-Parent Security Act (CPSA), legalized gestational surrogacy in the state and introduced significant legal protections. Highlights of the CPSA include legal enforceability of gestational surrogacy contracts; a clear path for intended parents to establish parentage (legally); and a Surrogate’s Bill of Rights that guarantees autonomy, health care decisions, and counseling. This law sets a strong example at the national scale, in the United States, for how states can create a balanced, ethical, and safe framework for surrogacy.
The Risk of Not Using a Surrogacy Lawyer
Attempting to go through the surrogacy process without legal representation is not just risky, it can be devastating. Potential consequences can include legal parentage challenges, including custody disputes; breaches of contract with no legal remedy; invalid contracts in states where surrogacy is restricted; and emotional trauma for both parties due to a lack of legal clarity. Whether you are a surrogate or an intended parent, an experienced attorney will help to ensure that the agreement is ethical, enforceable, and aligned with the laws of your state. If you go it alone, you may wind up creating a substantial legal headache, or at worst, permanent legal consequences.
How to Choose the Right Surrogacy Attorney
When selecting a surrogacy lawyer, you should consider a multitude of factors. Your attorney should specialize in assisted reproductive technology law, particularly in surrogacy law. Surrogacy law is a niche field, so an attorney that does not specialize in this area of law, may not be up to date on the most recent legal developments. Your attorney should also have a proven knowledge of your state’s laws. Choosing someone who is well-versed in the latest legal regulation of surrogacy by your state will help to make sure your agreement is up to date with the legal requirements. Similarly, your attorney should have ample expereince in drafting, negotiating, and enforcing surrogacy agreements. This will ensure that your attorney will draft an agreement that is ironclad. It is also a good idea to look for an attorney that has a strong client-communication system in place. If it takes multiple phone calls just to reach an attorney’s office, and then they never call you back – don’t go with that attorney. Surrogacy is a deeply personal and emotional process, your attorney shouldn’t be a ghost you can’t track down! Lastly, the best attorneys tend to work closely with fertility clinics and surrogacy agencies to create a seamless process – so see if your surrogacy agency or fertility clinic has any lawyer referrals they can give you! Your agency/clinic has done the heavy lifting of vetting the attorneys and will only have winning recommendations. If you are doing an independent surrogacy journey and do not have an agency or clinic you are working with, look for attorneys that advertise services on their website for clinics/agencies, and ask a prospective attorney if they work with clinics/agencies during your consultation.
Surrogacy is a Legal Journey, Not Just a Medical One
Lily Collins and Charlie McDowell’s story is a beautiful reminder that families are built in many different ways, and that love, commitment, and support are at the heart of every surrogacy journey. But, behind the scenes of every successful surrogacy is a team of professionals – medical, emotional, and legal – who help to guide that journey. A surrogacy lawyer is not just helpful; they are essential in ensuring that all parties are protected and that the process results in a safe, legal, and joyful path to parenthood.
If you’re considering surrogacy – whether as an intended parent or a potential surrogate – don’t take chances with one of the most important decisions of you and your family’s life. Contact a qualified surrogacy attorney today to discuss your options and begin your journey with confidence and legal peace of mind.
If you need a surrogacy lawyer, contact us today. Our Firm is passionate about helping individuals and couples envision their family and creating a legally iron-clad surrogacy journey. Contact us today for a consultation and to speak with one of our fertility law experts.
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