What Does A Surrogacy Attorney Do?

When Science Meets the Law: How Attorneys Make Surrogacy Possible

In today’s world, family can be built in more ways than ever before. Assisted reproductive technology has allowed hope, science, and compassion to work together in remarkable harmony. While medicine makes the conception possible, it’s the law that makes a family protected. That’s where fertility and surrogacy attorneys come in. As experienced New York Fertility Law Attorneys, we translate your intention to have a family into legal protections to make sure your dreams of parenthood are recognized by law. At Douglas Fertility & Surrogacy Law Group, PLLC, we guide intended parents, surrogates, and donors through every step of this transformative process, ensuring their journey is not only successful but also secure, compliant, and supported.

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The Rise of Assisted Reproduction: A Legal Revolution

The last few decades have redefined what it means to form a family. In-vitro fertilization (IVF), egg donation, embryo freezing, and gestational surrogacy have revolutionized how people facing infertility, medical challenges, or family structure barriers can have children. But with scientific innovation comes legal complexity. As technology advances faster than most laws can adapt, fertility attorneys have become essential to bridge the gap when it comes to family formation. We ensure that every life created through assisted reproduction begins with clear and enforceable legal rights.

 

New York’s Child-Parent Security Act (CPSA), which took effect in 2021 and was modified recently in 2025, was a watershed moment in New York fertility law. For the first time, New York law recognized compensated gestational surrogacy and established a structural, ethical, and protective framework for all parties involved. The CPSA made New York one of the most progressive states in the nation for family-building rights, and it underscored the vital role of legal counsel in turning modern medicine into legally recognized parenthood.

The Surrogacy Team: Where Each Expert Fits In

A successful surrogacy journey depends on collaboration between professionals from different disciplines, each playing a critical role. Intended parents bring their dreams and intentions. The gestational carrier offers the extraordinary gift of pregnancy. Fertility clinics manage the medical science that makes conception possible, while agencies help match and coordinate these parties. And in the center of it all stands us: your fertility law attorneys. We serve as the trust and guardian of your parental rights.

 

At Douglas Fertility & Surrogacy Law Group, we work hand-in-hand with fertility specialists, surrogacy agencies, mental health professionals, and escrow managers to ensure the process is seamless and compliant. Every agreement we draft and every conversation we facilitate is driven by our guiding principle to protect your rights, dignity, and wellbeing. By aligning legal expectations with medical realities, we ensure that science and law operate in perfect harmony.

Drafting Hope: The Legal Foundation of Surrogacy

Every surrogacy journey begins with a crucial document: the Gestational Carrier Agreement (commonly referred to as the Surrogacy Contract). But, this agreement is so much more than just a contract, it is a legal and ethical foundation of the entire process. The gestational carrier agreement outlines rights, responsibilities, and expectations for both the intended parents and the gestational carrier. It covers key elements such as compensation, medical decision-making, parental intent, insurance coverage, confidentiality, and how parentage will be established once the baby is born.

 

At Douglas Fertility & Surrogacy Law Group, we approach every agreement with precision and empathy. We know that surrogacy is deeply personal, often following years of hope, loss, and determination. That’s why we take the time to ensure each party fully understands every clause before signing. Our goal is to prevent any chance for potential conflict, reduce ambiguity, and ensure that every decision – from embryo transfer to delivery – is supported by a strong legal framework that protects the family being created.

Parentage Orders: Turning Dreams into Legal Reality

Once pregnancy is achieved, our work continues behind the scenes to ensure the intended parents are recognized as the child’s legal parents. In New York, this process is governed by the CPSA’s parentage provisions, which allow intended parents to secure a judgment of parentage before the baby is even born. This legal step ensures that, from the moment of delivery, the intended parents’ names appear on the birth certificate and their parental rights are fully established.

 

Douglas Fertiliy & Surrogacy Law Group coordinates directly with hospitals, surrogates, and, of course, the court system to streamline this process. By obtaining parentage orders prior to birth, we eliminate uncertainty and provide peace of mind at a time when emotions are high and every detail matters. This is where law transforms hope into legal recognition, where science meets the courtroom, and where a family officially begins.

Legal Guardrails in an Evolving Field

As reproductive technology evolves, so do the legal questions that surround it. What happens to unused embryos in the event of a divorce or death? How are international surrogacy arrangements handled when citizenship or jurisdiction issues arise? What rights do donors retain in complex, or multi-state, fertility journeys? These are not just hypothetical “what-if?” scenarios, they are real, deeply personal questions faced by many families each day.

 

Douglas Fertility & Surrogacy Law Group, PLLC remains at the forefront of these issues, staying current with legal developments across the country and around the world. Our attorneys navigate emerging topics like embryo ownership, genetic material storage, and cross-border parentage disputes with the same care and sophistication that define every aspect of our practice. We don’t just practice fertility law, we help to shape it. This ensures that our clients’ family-building journeys are always protected by the latest legal standards.

The Human Side of the Law

Surrogacy is more than just a legal process, it is a profoundly emotional experience. The journey involves trust, vulnerability, and faith. This faith is not only in science and the success of fertility treatments, but also in the law and its ability to protect you as you grow your family. Douglas Fertility & Surrogacy Law Group approaches each client relationship with compassion and respect, understanding that every case represents a deeply personal story. We protect not only legal rights, but also the emotional integrity of the process, ensuring all communications and record remain confidential and that every client feels seen, supported, and safe.

 

We also recognize that behind every legal document are real people. Whether it be a hopeful parent waiting for their first ultrasound, a surrogate carrying a child for a family she’s come to know, or a donor contributing to someone else’s dream, we’re here for you. Our role is to ensure that that law serves them all with fairness and empathy, and protects their growing family.

We're Here For You

No matter where you are in your surrogacy/Assisted Reproductive journey, our office is here for you. Through our bespoke services, our Firm bring expertise and a white-glove approach to every client’s matter. We know that this isn’t just about having a child, it’s about expanding your family by having the children you’ve always envisioned. 

If you’re considering assisted reproduction, surrogacy, or fertility preservation, our team can help you understand your rights and responsibilities under New York law. Contact us today to get started envisioning your family.

NYC Office:

1350 Broadway, Ste 1510

New York, NY 10018

212.378.3840

[email protected]

White Plains Office:

50 Main St, Ste 935

White Plains, NY 10606

212.378.3840

[email protected]

Disclaimer: The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site does not create an attorney-client relationship, and you should not act on any information here without consulting a qualified attorney. Laws and legal outcomes evolve – past results do not guarantee future success. External links may direct you to third-party sites; Douglas Fertility & Surrogacy Law Group, PLLC does not endorse or take responsibility for their content. All rights reserved.