Colorado, Oklahoma, & New York Surrogacy Attorney
Representing & Supporting Carriers &
Intended Parents
Surrogacy offers an alternative means for an individual or couple to become parents. Whether for medical reasons or otherwise, some mothers cannot conceive. A Carrier or Surrogate can carry the baby for the Intended Parents, helping to fulfill their dreams of expanding their family. Surrogacy also presents legal and financial complications, which is why we recommend involving a skilled surrogacy lawyer to guide you. Over the last 30 years, Virginia has limited her practice to the sole focus of Surrogacy and Adoption Law. Virginia Frank has experience helping Intended Parents and Surrogates navigate the surrogacy process from start to finish.
To learn more about Gestational Surrogacy, Contact us online.
About Surrogacy
Surrogacy has been growing in popularity as a means for couples and single people, known as Intended Parents, to build their families. Gestational Surrogacy (in which the woman, the gestational carrier, who acts as the surrogate has no biological relationship to the child she is pregnant with) has become the norm, although traditional surrogacy agreements, in which the Surrogate is the biological mother of the child, are still seen from time to time.
Practicing in the area of Reproductive Technology Law, our Colorado and Oklahoma surrogacy attorney, Virginia Frank knows that decisions can be overwhelming when it comes to all the exciting new options available in medical advances in assisted reproductive technology parenthood. This includes the representation of Intended Parents, Gestational Surrogates, Egg Donors, Sperm Donors, Embryo Donations, and Designated Surrogacy.
Why you need a Surrogacy Attorney
A Surrogacy lawyer is necessary for every Surrogacy journey to protect the rights of the Intended Parents and Gestational Surrogate. While working with a Surrogacy agency is optional, a Surrogacy Attorney is non-negotiable. Surrogacy laws, the judge handling the case, and the situations of all individuals involved can vary greatly by state (and sometimes by county). Pursuing Surrogacy without the protection and guidance of a Surrogacy attorney can sometimes result in unfavorable legal consequences.
Who is a good candidate for becoming a Surrogate?
Someone considering becoming a Surrogate should meet the following minimum requirements: good physical and medical health, parenting a child or children who were born to you, no more than two previous C-sections and no more than five previous births, willing to take medication and attend doctors appointments, living in a safe and financially stable environment. Learn more about Surrogate requirements here.
Why do families pursue Surrogacy?
There are many reasons why a couple or individual seek Surrogacy to start or expand a family. More and more couples opt for Surrogacy when facing difficulties to conceive a child naturally or struggling with infertility. Same-sex couples and single people often turn to surrogates to pursue parenthood as well.
Surrogacy is becoming more accessible and making it easier for people with a variety of backgrounds pursuing their dreams of having a child. Learn more about becoming Intended Parents here.
Surrogacy Resources
Surrogacy law, whether by statute or case law, is constantly evolving and changing. The laws are different from state to state, and sometimes even from county to county.
Full-Service Assisted Reproductive Technology (ART)
For those whose ART services are needed, we offer several amenities:
- Our office is available 24/7 and all-around access to our attorney. Our office will answer emails, phone calls, and texts in the mornings, evenings, and weekends, as needed.
- We have social workers that work directly with our office where they can accompany Intended Parents to Vital Records or go to the hospital and handhold clients at birth and discharge (this is great for clients who do not speak English or for whom English is their second language).
- In Colorado, our office is six blocks from the courthouse. We can walk all of your paperwork over to the court and file in person (no mail to wait on like other attorneys).
Legal Responsibilities
Once you have found a Gestational Surrogate or an Egg, Sperm, or Embryo Donor, our attorney can draft or review the donation or surrogacy agreement. You will need to protect your rights and ensure that you can establish parentage of your child. In Gestational Surrogacy, we can perform the legal work to obtain the pre-birth order of parentage and birth certificate (or the adoption) to establish you as the legal parent of the child. If you need to be matched with a Gestational Carrier, please contact our office; we have several options available.
Caring, Experienced Surrogacy Lawyer in Colorado, Oklahoma, & New York
Depending on your goals and needs, you can find knowledgeable guidance combined with caring support when you work with Virginia Frank. We recommend involving us as early as possible, so we can devise a strategy and plan that best suits you.
Frequently Asked Questions
It depends on how long it takes to negotiate the gestational agreement. In Oklahoma, we have to file the GA and the parentage documents – affidavits and petition, at the same time, before a transfer can take place. The judge then reviews everything and signs an order validating the GA, and after that the parties can proceed with the transfer. The court process doesn’t usually take more than a week after all documents are in.
We no longer do a pre birth order since we have to file and get the validation order before the transfer.
No, they don’t need to be in Oklahoma. They can stay in a different state after birth. My office will Fed Ex the birth certificate to them once the amendment process is complete.
Yes, they can both be on it. Birth certificates have been taking around 5-6 weeks.
At this time, it is taking 5-6 weeks to obtain the Amended Birth Certificates. Vital Records is closed to the public so no one can walk in to obtain the birth certificate. In any surrogacy action, the birth certificate must be Amended. This process is very involved and intended parents need to be patient while we wait on the new certificates.
You will need the birth certificate in order to obtain the US Passport for the Child.
Yes. My office will obtain this for Intended Parents and mail it to whatever address is requested.
Yes. This is requirement in Oklahoma. For two parents to be listed on the birth certificate, they must be married.