Posted in Firm News
Surrogacy agreements form the foundation of your journey to parenthood, but what happens when something goes wrong with the paperwork? A flawed or improperly executed contract can create serious legal complications that affect your ability to establish parental rights.
Our friends at Oleaga Law LLC discuss how these situations require immediate attention to protect your family. Working with a judgment of parentage lawyer becomes necessary when contract defects threaten your legal standing as a parent.
Common Issues With Surrogacy Contracts
Several problems can undermine the validity of a surrogacy agreement. Missing signatures represent one of the most frequent issues. If either the intended parents or the surrogate failed to sign the contract, or if witnesses weren’t present when required, the agreement may lack legal force. Timing matters significantly in New York surrogacy law. The Child-Parent Security Act established specific requirements about when parties must execute agreements. Contracts signed too late in the pregnancy or after conception using certain methods may not meet statutory standards. Other contract defects include:
- Insufficient legal representation for the surrogate
- Missing required disclosures about rights and responsibilities
- Failure to follow notarization requirements
- Inadequate medical and psychological screening documentation
- Unclear or contradictory terms about parental rights
Immediate Legal Consequences
When your surrogacy agreement contains defects, you may face obstacles in obtaining a pre-birth order. Courts review these contracts carefully before issuing orders that establish parentage before delivery. A flawed agreement often means the court will deny your request or delay the process. Without a valid pre-birth order, your name may not appear on the birth certificate automatically. The hospital will typically list the surrogate as the legal mother unless you have proper court documentation. This creates additional legal hurdles after your child’s birth.
Your Options for Resolving Contract Problems
You’re not without recourse when facing a defective surrogacy agreement. The solution depends on when you discover the problem and how serious the defects are. If you identify issues before birth, you may be able to cure certain defects. Some problems can be fixed through amended agreements or supplemental documentation. Your attorney can assess whether the issues are correctable and what steps you need to take. More serious defects may require pursuing a judgment of parentage after birth instead of relying on a pre-birth order. This post-birth legal process establishes your parental rights through court proceedings. While it takes longer than a pre-birth order, it provides the same legal recognition.
Protecting Your Parental Rights
Documentation becomes particularly important when your original contract has problems. Gather all communications, financial records, and medical documents related to the surrogacy arrangement. These materials help demonstrate your intent to parent and your role in creating the pregnancy. Genetic testing may play a role in your case if you have a biological connection to the child. Courts consider genetic links when evaluating parentage claims, particularly when contractual evidence is weak.
Taking Action on Contract Defects
Time is a factor in resolving surrogacy contract problems. The sooner you address defects, the more options you have available. Waiting until after birth limits your ability to pursue certain remedies and may complicate the legal process. Every surrogacy case has unique circumstances that affect the best legal strategy. A thorough review of your specific agreement and situation helps determine the most effective path forward for establishing your parental rights and securing your family’s future.
