Surrogacy & Assisted Reproduction helping you begin again

Albuquerque Surrogacy and Assisted Reproduction Attorneys

Name: Batley Riley Family Law
Address: 316 Osuna Rd NE, #301, Albuquerque, NM, 87107
Telephone: (505) 576-7296

Helping Families Navigate Surrogacy and Assisted Reproduction Arrangements in Santa Fe

Surrogacy makes it possible for a parent who does not have the ability to carry a pregnancy to have a genetically related child. Egg, sperm, and embryo donations are additional reproduction methods available to parents intending to have a child.

Our team at Batley Riley Family Law has substantial experience working with surrogates, donors, and intended parents throughout these important family changes. We recognize the inherently emotional and complex elements of these journeys and can provide compassionate, solutions-oriented guidance from start to finish.

Attorney Roberta Batley is experienced in surrogacy and other assisted reproduction processes. Ms. Batley and the rest of our team can review what can be expected in terms of timeline, costs, and issues that could arise. We can then negotiate, draft, and finalize an extensive contract.

If you are working with an independent agency to coordinate the surrogacy process, we can work with either the surrogate or intended parents to discuss, review, and negotiate the gestational carrier (surrogacy) agreement prior to signing. We can also draft and file the petitions and affidavits necessary for the pre- or post-birth order prior to or after the child’s birth.

If you have questions about how to protect your interests during any of these processes, we encourage you to schedule a confidential consultation with our Albuquerque surrogacy and assisted reproduction lawyers. Call (505) 576-7296 or contact us online today.

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Meet Our Team

Why Should I Work with an Attorney for My Surrogacy Arrangement?

Surrogacy arrangements, while incredibly rewarding, are complex legal journeys that involve intricate personal, medical, and financial considerations. Navigating the process without experienced legal guidance can expose both surrogates and intended parents to significant risks, from unforeseen liabilities and unenforceable agreements to emotional distress. Working with our team at Batley Riley Family Law can help avoid these issues and provide peace of mind for everyone involved.

Here are just a few ways our attorneys can help intended parents and surrogates:

Drafting and negotiating the surrogacy agreement. We can draft a comprehensive, legally binding contract that clearly defines the rights, responsibilities, and expectations of all parties. This includes critical details like parental rights, financial compensation for the surrogate, medical procedures, expectations regarding lifestyle, communication protocols, and contingency plans for unforeseen circumstances (such as medical complications or termination decisions). Without a meticulously crafted agreement, both intended parents and surrogates risk ambiguity that could lead to disputes over parental rights or financial obligations.
Establishing parental rights. Establishing legal parentage for the intended parents in a surrogacy arrangement is not automatic. We can obtain a pre-birth order from the court. This order legally declares the intended parents as the child's legal parents before the child is born, allowing their names to appear directly on the birth certificate and thereby avoiding the need for adoption proceedings after birth. If a pre-birth order is not possible or practical, we can work to secure a post-birth order.
Protecting medical and personal autonomy. Our team can advise surrogates on their rights regarding medical decisions throughout the pregnancy. We can help clarify expectations around medical procedures, communication with doctors, and privacy. Our team can advocate for the surrogate's personal autonomy and well-being when necessary.
Verifying fair compensation and reimbursement. Surrogacy involves significant time, effort, and physical demands. We can work to confirm that the surrogate’s compensation structure is fair, comprehensive, and includes all anticipated expenses, from base compensation to medical costs, lost wages (if applicable), psychological support, and other reimbursements. Our team can also oversee the escrow process to confirm payments are made as stipulated and on time.
Protecting interests in disputes. While everyone hopes for a smooth journey, unforeseen events like medical complications, disagreements over medical decisions, or relationship breakdowns can occur. We draw on our experience to help anticipate these possibilities and draft contingency clauses within the agreement. Should a dispute arise, we can advocate for our clients’ rights and work to resolve conflicts legally and efficiently.

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What Can Complicate an Egg, Sperm, or Embryo Donation?

Egg, sperm, and embryo donation arrangements may initially seem straightforward. The reality is that each of these assisted reproduction methods involves complex legal and ethical considerations that, if not properly addressed, can lead to significant complications down the road. Both donors and recipients could face unforeseen legal challenges, disputes over parental rights or future contact, and financial liabilities that could have been avoided with a clear, legally binding agreement.

We are happy to discuss options and provide advice on the most cost-effective, beneficial solution for you and your evolving family. Our firm offers virtual consultations, so call (505) 576-7296 or contact us online today.

Our lawyers at Batley Riley Family Law can help you proactively address many potential complications, including:

Ambiguity or lack of parental rights confirmation. Without a contractual agreement and subsequent court orders (like a pre-birth or post-birth order for embryo donation leading to birth), the legal parentage of the resulting child could be challenged. Donors might later claim parental rights, or recipients might face difficulties proving their sole legal parentage. For sperm or egg donation, if the process is not carefully managed under state law, the donor could theoretically be deemed a legal parent, or the intended parents might not be recognized as such.
Unclear financial terms and reimbursements. Without a detailed agreement, disputes can arise over compensation for the donor, reimbursement for travel, medical, and legal expenses, or additional costs if the donation cycle is complicated or unsuccessful. This can lead to financial strain and conflict between parties.
Lack of clarity on future contact or anonymity. If not explicitly addressed, misunderstandings about future contact (or lack thereof) between the donor, recipient, and the child can become a significant emotional and legal issue. What if the donor wishes to be known later, or the child wants to seek out their genetic origins, and no prior agreement was made? We can discuss and incorporate clauses regarding anonymity, future contact, or the exchange of non-identifying information into the agreement that set clear expectations for all parties.
Unaddressed medical risks and liabilities. Donors undergo medical procedures, which carry inherent risks. Without legal counsel, the donor might not fully understand their rights regarding medical care, complications, or long-term health monitoring. Recipients might not have clear protocols for medical information sharing or what happens if the donor has undisclosed medical conditions.
Contract enforceability across jurisdictions. If the donor and recipients reside in different states, the laws governing the enforceability of donation agreements can vary. An agreement valid in one state might not be enforceable in another, leading to legal challenges.

Why Choose Batley Riley Family Law?

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