Surrogacy Legal Basics Explained: Key Takeaways from the ACRC Surrogacy Webinar for Intended Parents

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

ACRC Surrogacy recently hosted an in-depth educational webinar focused on one of the most important and frequently searched topics for families considering surrogacy: the legal process of gestational surrogacy. Designed specifically for Intended Parents, this session covered the most common legal questions, current surrogacy laws in 2026, and the critical role of professional legal guidance in protecting families at every stage of the surrogacy journey.

For those exploring surrogacy and seeking clarity on how the legal process works, what must be included in a surrogacy agreement, or how Intended Parents establish legal parental rights, this recap highlights the key points discussed during the webinar. Understanding the legal framework of surrogacy is essential to ensuring a secure, ethical, and well-supported path to parenthood.

https://www.youtube.com/watch?v=6HCOS-T5cyk

Supporting Intended Parents Throughout the Surrogacy Journey

At ACRC Surrogacy, our mission is to make family building through assisted reproduction a positive, transparent, and empowering experience. Through our global offices and trusted partners worldwide, we provide comprehensive, continuous support to Intended Parents and Surrogates. This includes medical coordination, IVF travel services, legal guidance, and personalized support at every stage of the surrogacy process.

For those who wish to learn more, ACRC Surrogacy also offers a growing library of educational video programs designed to explore the surrogacy journey in greater depth and help Intended Parents feel confident, informed, and prepared throughout their path to parenthood.

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 handled thousands of gestational surrogacy cases, is licensed in multiple states, and collaborates with legal partners across the United States and internationally.

She also contributed to the development of surrogacy legislation in Taiwan and previously operated her own surrogacy agency for 20 years. Her extensive experience allowed Intended Parents to gain practical, real-world insights into surrogacy agreements, parental rights, and legal risk management.

Key Legal Steps in Gestational Surrogacy for Intended Parents

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

A Valid Gestational Surrogacy Agreement

The gestational surrogacy agreement serves as the legal roadmap for the entire journey. It defines expectations, responsibilities, compensation, and medical decision making. A well-drafted surrogacy contract typically includes:

• Informed consent of the Surrogate

• Compensation and reimbursement terms

• Medical decisions, including embryo transfer and pregnancy termination preferences

• Communication expectations during and after pregnancy

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

Clear alignment between Intended Parents and the Surrogate on sensitive topics, particularly medical decisions and pregnancy termination, is essential and should be addressed during the matching process.

Health Insurance and Financial Protections

Another critical legal component of surrogacy involves the Surrogate’s health insurance coverage. Intended Parents must understand how pregnancy-related medical expenses are covered and which costs may not be included in standard insurance plans.

Melissa also emphasized the importance of risk management through additional insurance protections, such as IVF complication insurance, loss of income coverage, life insurance for the Surrogate, and other financial safeguards designed to protect Intended Parents in the event of unforeseen circumstances.

Establishing Legal Parental Rights for Intended Parents

A major concern for many families is how parental rights are legally recognized. In most U.S. states, this is accomplished through a parentage order, sometimes referred to as a pre-birth or post-birth order.

How Intended Parents Establish Legal Parental Rights in Surrogacy

Today, most states allow Intended Parent(s) to be recognized as the legal parents through a court order, without requiring adoption. While the process varies by state, county, and judge, it generally involves notarized declarations and court filings confirming parental intent and genetic connection.

Pre-Birth Orders vs Post-Birth Orders

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

While many Intended Parents prefer pre-birth orders, post-birth orders also provide full legal protection and are often a result of state-specific procedures rather than increased parental risk.

State-by-State Surrogacy Laws and International Intended Parents

Surrogacy laws vary significantly from state to 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 between U.S. attorneys and legal counsel in the home country.

Melissa stressed that international families should always consult both a U.S.-based reproductive law attorney and legal counsel in their home country to avoid post-birth legal complications.

Why Independent Legal Representation Is Essential

Each party involved in a surrogacy arrangement must have independent legal representation. Separate attorneys ensure attorney client privilege, protect the rights of all parties, and help maintain healthy relationships between Intended Parents and Surrogates.

Independent representation also allows sensitive financial discussions to remain professional and neutral, with compensation and reimbursements managed by agencies and legal professionals rather than within personal relationships.

Managing Legal Risks and Unexpected Situations in Surrogacy

Even with careful planning, surrogacy involves potential risks. Intended Parents can protect themselves by ensuring:

• Clearly defined financial caps in the surrogacy agreement

• Comprehensive insurance planning

• State-specific legal guidance

• Collaboration with an experienced surrogacy agency and medical team

Transparency, diligence, and early legal consultation are essential to minimizing risk and protecting everyone involved.

The Most Important Legal Advice for Intended Parents in 2026

The most important advice Melissa shared for families beginning a surrogacy journey in 2026 is simple:

Do not wait to consult a surrogacy attorney.

Early legal guidance allows Intended Parents to understand state-specific laws, avoid costly mistakes, and make informed decisions before committing emotionally or financially.

Frequently Asked Questions About Surrogacy Law

Is surrogacy legal in all U.S. states?Surrogacy laws vary by state. While many states are surrogacy friendly, legal procedures, parentage orders, and timelines differ and should be reviewed with a qualified attorney.

How are Intended Parents listed on the birth certificate?

Intended Parents are typically listed 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 legal risks, and ensure compliance with domestic and international laws.

Can international Intended Parents pursue surrogacy in the United States?

Yes. Many international families choose U.S. surrogacy, but additional legal planning is required to secure citizenship and return home smoothly.

Continue Your Journey With ACRC Surrogacy

If this webinar raised new questions or if you are ready to take the next step, ACRC Surrogacy offers free consultations so 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 legal expertise, complete transparency, and compassionate support so Intended Parents and Surrogates feel informed, protected, and confident throughout the surrogacy journey.