ACRC Surrogacy Webinar Recap: Legal Insights Every Intended Parent Should Know

Surrogacy Legal Process Explained: What Intended Parents Need to Know in 2026

ACRC Surrogacy recently hosted an in depth educational webinar focused on one of the most searched and important topics for families exploring surrogacy: the surrogacy legal process. Designed specifically for Intended Parents, this session addressed common legal questions, current laws in 2026, and how the right professional support can protect families every step of the way.

If you are researching surrogacy and wondering how the legal process works, what needs to be included in a surrogacy agreement, or how Intended Parents establish parental rights, this recap highlights the most important takeaways from the discussion.

Supporting Intended Parents Throughout the Surrogacy Process

At ACRC Surrogacy, our mission is to make growing families through assisted reproduction a positive, informed, and empowering experience. With offices and trusted partners around the world, we provide seamless, end to end support for Intended Parents and Surrogates, including medical coordination, IVF transportation services, legal guidance, and personalized care.

For those who want to continue learning, ACRC Surrogacy also offers an expanding library of video programs that explore the surrogacy process in greater depth, helping Intended Parents feel confident and prepared at every stage.

Guest Speaker: Melissa Brisman, Reproductive Law Attorney

This webinar featured Melissa Brisman, a nationally recognized reproductive law attorney with decades of experience in surrogacy law. Melissa has worked on thousands of surrogacy cases, holds licenses in multiple states, and collaborates with legal partners across the United States and internationally.

She also played a role in drafting Taiwan’s surrogacy legislation and previously owned and operated a surrogacy agency for 20 years. Her expertise provided Intended Parents with practical, real world insight into surrogacy contracts, parental rights, and legal risk management.

Key Legal Steps in the Surrogacy Process for Intended Parents

One of the most common questions Intended Parents ask is: What legal steps are required for surrogacy? During the webinar, Melissa outlined three essential legal foundations every Intended Parent should understand before beginning their journey in the United States.

1. A Valid Surrogacy Agreement

A surrogacy agreement is the legal roadmap for the entire journey. This contract outlines expectations, responsibilities, compensation, and medical decision making. A properly drafted surrogacy agreement typically includes:

• Informed consent from the Surrogate

• Compensation and reimbursement details

• Medical decisions, including embryo transfer and termination preferences

• Communication expectations during and after pregnancy

• Delivery room access, breast milk pumping, and post birth contact

Alignment between Intended Parents and Surrogates on sensitive topics, especially termination and medical decisions, is critical and should be discussed early in the matching process.

2. Health Insurance and Financial Protections

Another critical legal requirement in surrogacy is ensuring appropriate health insurance coverage for the Surrogate. Intended Parents must understand how pregnancy related medical expenses are covered and what costs may fall outside of insurance.

Melissa also discussed the importance of risk management through insurance products such as IVF complication insurance, lost wage coverage, life insurance for the Surrogate, and other protections that help safeguard Intended Parents in the event of unexpected outcomes.

3. Establishing Intended Parents’ Legal Parental Rights

A key concern for many families is how Intended Parents become the legal parents. In most US states, this is accomplished through a parentage order, sometimes referred to as a pre birth order or post birth order.

How Intended Parents Establish Legal Parental Rights in Surrogacy

Today, most states allow Intended Parent(s) to be named as the legal parents through court orders, rather than adoption. The process varies by state, county, and individual judge, but generally involves notarized affidavits and court filings confirming intent and genetics.

Pre Birth Order vs Post Birth Order

A pre birth order is issued before the baby is born and allows Intended Parent(s) to be recognized at the hospital immediately after delivery. A post birth order is issued after birth and may require an amended birth certificate.

While many Intended Parents prefer pre birth orders, post birth orders are also legally secure and are often a matter of state specific procedure rather than parental risk.

How Surrogacy Laws Vary by State and for International Intended Parents

Surrogacy laws are not the same in every state. Choosing the wrong state can impact costs, timelines, and how quickly Intended Parents can return home with their baby.

For international Intended Parents, additional considerations include birth certificate timelines, passport processing, citizenship requirements, and coordination with attorneys in both the United States and the Intended Parents’ home country.

Melissa emphasized that international families should always consult both US reproductive attorneys and legal counsel in their home country to avoid unexpected legal challenges after birth.

Why Independent Legal Representation Is Essential

Each party in a surrogacy journey must have independent legal representation. Separate attorneys protect attorney client privilege, ensure all voices are heard, and help preserve positive relationships between Intended Parents and Surrogates.

Independent counsel also removes sensitive financial discussions from personal relationships, allowing agencies and legal professionals to manage compensation and reimbursements objectively.

Managing Legal Risk and Unexpected Outcomes in Surrogacy

Even with careful planning, surrogacy involves risk. Intended Parents can protect themselves through:

• Clearly defined expense caps in the surrogacy agreement

• Comprehensive insurance planning

• State specific legal guidance

• Working with an experienced surrogacy agency and medical team

Transparency, due diligence, and early legal consultation are essential for minimizing risk and protecting all parties involved.

Most Important Legal Advice for Intended Parents in 2026

Melissa’s most important advice for families beginning their surrogacy journey in 2026 was simple:

Do not wait to consult with a surrogacy attorney.

Early legal guidance helps Intended Parents understand state specific laws, avoid costly mistakes, and make informed decisions before significant financial or emotional investments are made.

Frequently Asked Questions About Surrogacy Law

Is surrogacy legal in all US states?

Surrogacy laws vary by state. While many states are surrogacy friendly, legal processes, parentage orders, and timelines differ and should be reviewed with a qualified surrogacy attorney.

How do Intended Parents get on the birth certificate?

Intended Parents are typically named through a pre birth or post birth parentage order issued by a court, depending on state law.

Do Intended Parents need a surrogacy attorney?

Yes. Independent legal representation is essential to protect parental rights, manage risk, and ensure compliance with state and international laws.

Can international Intended Parents pursue surrogacy in the US?

Yes. Many international families pursue surrogacy in the US, but additional legal planning is required to secure citizenship and safely return home.

Continue Learning and Connect With ACRC Surrogacy

If this webinar raised additional questions or you are ready to take the next step, ACRC Surrogacy offers complimentary consultations where Intended Parents can speak directly with our experienced team.

👉 Watch the full webinar recording here: https://www.youtube.com/watch?v=6HCOS-T5cyk

At ACRC Surrogacy, we are committed to providing expert guidance, transparency, and compassionate support so Intended Parents and Surrogates feel confident and supported throughout the entire surrogacy process.