Secure Your Surrogate Baby’s Future by Estabslihign Legal Guardian
The intended parents should have a legal guardian for their unborn child to protect his/her future well-being. Surrogacy is a beautiful and life-changing journey that brings hope and happiness to many intended parents.
As you embark on this path toward parenthood, your thoughts may be filled with dreams of decorating nurseries, shopping for baby clothes, and selecting the perfect name for your child.
While these aspects of preparing for a new baby are undoubtedly exciting, there’s another crucial element that deserves your attention from the very beginning: establishing legal guardianship for your surrogate child.
Every parent wants their child to be happy and safe all the time. Right from the time of conception, for parents, kids are their priority. The same is the case with the surrogacy baby. The intended parents take care of all things, no matter how small or big it is. But what happens when you are not there because of any reason? Will your baby be abandoned forever?
At IVF Conceptions, we understand the significance of this step in your surrogacy journey. Let’s explore why intended parents should prioritize the establishment of legal guardianship and what it entails.
Having a guardian might not be on your priority list but it is important. Although the Surrogacy contract does not say much about guardianship, you can consult your surrogacy lawyer about this topic.
Get in touch for a Free Surrogacy Consultancy:
📲 +91-8800481100 ( WhatsApp, Line, Viber)
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Why appoint a legal guardian for a surrogacy baby?
Appointing a legal guardian for your child is an option for parents. This is usually due to extreme circumstances such as serious illness or imminent incarceration.
It’s no small decision to become a legal guardian; it means you’re the primary caregiver for a child or children. If you’re considering becoming one, you’ve probably addressed it before but you should make sure you’re ready to be responsible.
While waiting for your surrogate match, intended parents should start talking about who their child(ren)’s guardians would be– if both of them pass away during their surrogacy process, before their child’s birth, or during the life of their child.
It is not possible to send legal clearance for a referral to the IVF Clinic without obtaining either a will or a legal document providing a child with guardianship.
As with other cases where custody has to be decided, a legal guardian’s naming usually accompanies some emotional stress. Learning your options as well as how all of them work can help alleviate not only your own anxiety but also that of the child, which is, of course, the top priority.
Here’s why establishing legal guardianship is essential:
1. Ensuring a Smooth Transition: Legal clearance for the transfer of your newborn from the surrogate to the intended parents cannot be completed without proper documentation. This includes either a will or a legal document that provides guardianship information for the child. This clearance is essential to facilitate a smooth transition and ensure your child’s welfare.
2. Progressing with Surrogacy: Legal clearance is a fundamental step in moving forward with the surrogacy process. It not only expedites the surrogate’s legal paperwork but also enables the surrogate mother to schedule a transfer and begin necessary medications.
How to choose an ideal surrogacy mother?
Why one should formalize guardianship?
It is important and great to have a verbal agreement with the child’s guardian about guardianship. However, this verbal agreement is not enough for the courts in case both parents die before the birth of the child. So, it is highly important that one should have a written document of legal guardianship of your child. This will require a court of jurisdiction to respect your wishes and authorize the guardian(s) you have selected to be your child’s legal parent without lengthy court interference.
You can also designate the order of successor guardians for your child(ren) when you conduct a will that contains the guardianship. This gives the court options, if and when the need arises, or your first choice of guardian is unable to assume responsibility. This also gives you the opportunity to ensure that under all conditions your child is properly cared for.
How does legal guardianship work?
In almost every way, a legal guardian is a parent at least in the court’s mind. Guardians make the same legal decisions regarding safety, education, treatment, and discipline that a parent would make for their children.
While the parent(s) of the child may have someone in mind, if someone is named a guardian, it is ultimately up to the court.
Through filing papers in court, you will need to determine the child’s guardianship. Firstly, you must file a petition claiming that you are interested in becoming a guardian.
No matter what the surrogacy laws are in your country, the topic of legal guardianship should be an important discussion for parents.
Understanding the Role of a Guardian
A guardian is an individual vested with legal authority and responsibility for the care of another person. In the context of surrogacy, the guardian is crucial for safeguarding the interests of your child. Here are some key aspects to understand about guardianship:
When Is Guardianship Necessary?
Guardianship typically comes into play in three significant scenarios:
- Incapacity Due to Age: When both of a child’s biological parents pass away before the child reaches adulthood, usually at the age of 18 in most states, guardianship is required to ensure the child’s care.
- Caring for an Incapacitated Senior: Guardians may also be appointed to care for an elderly individual who is infirm or unable to make decisions independently.
- Supporting a Developmentally Disabled Adult: In cases where a developmentally disabled adult requires assistance, guardianship ensures their well-being.
Considerations When Choosing a Guardian for your surrogacy baby:
As an intended parent, selecting the right guardian for your child is a deeply personal decision. However, there are several factors to consider when making this decision:
Things to keep in mind while selecting a guardian
1. Age and Health: Evaluate the age and health of your chosen guardian to ensure they can meet the demands of raising a child effectively.
2. Shared Values: If religious or moral values are important to your family, ensure your chosen guardian’s beliefs align with yours.
3. Time Commitment: Consider whether your prospective guardians have the time to dedicate to your child’s care, including their work schedules and travel commitments.
4. Location: Assess whether your chosen guardian lives in the same town or state as you, and whether a potential move would impact your child.
5. Co-Guardianship: If you prefer a two-person guardian arrangement, make sure both individuals are named as co-guardians.
6. Financial Stability: Ideally, appoint guardians who are financially stable and capable of providing for your child’s needs.
7. Willingness: Ensure that your chosen guardians are willing and prepared to assume this responsibility, as this is perhaps the most critical consideration.
Making the guardian legal
Once you have considered who you can establish a legal guardian for a surrogate baby. You need to confirm that they agree with the request and are able to do so physically and mentally. The next step is to contact a licensed attorney in the country where you live to discuss the preparation of the necessary legal documents to identify the guardians you have selected and to ensure that the future of your child is safe and sound.
Conclusion for Establish Legal Guardian For Surrogate Baby
At IVF Conceptions, we understand that every step of your surrogacy journey is crucial. We are here to support you in ensuring the well-being and future of your child. Our dedicated team assists intended parents worldwide in building their families and provides comprehensive services, including obtaining all necessary documents for your child, such as visas and birth certificates.
After all, we all want happiness for our children and can go to any extent to secure their future. By establishing guardianship of surrogacy babies, you can secure the child’s future uncertainty in case of any mishappening.
Talk to your surrogacy agency and reproductive lawyer if you are planning to do the surrogacy process.
If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at IVF Conceptions.
Get in touch for a Free Surrogacy Consultancy:
📲 +91-8800481100 ( WhatsApp, Line, Viber)