13 Questions to Ask a Prospective Surrogacy Attorney

Choosing the right ART attorney to assist you through the surrogacy process will take time and research. As you consider attorneys, ask the relevant questions from the list below. Keep records of each attorney’s answers to help you make your final decision.

meeting with surrogacy attorney
  • How long have you worked in assisted reproductive technologies?
  • How many ART cases do you handle a year? What percentage of your practice is devoted to ART?
  • Where are you licensed to practice?
  • What is the average cost of the cases you’ve handled?
  • Do you bill by the hour or charge a flat fee?
  • Do you require a retainer fee? If so, how much? What happens to the retainer if a cycle does not result in a live birth?
  • Will you help me find a gestational carrier? If not, how do we do that?
  • What happens if the carrier doesn’t have insurance (or her insurance doesn’t cover ART)?
  • Will you manage payments to the carrier and others?
  • If we live in a different state from the gestational carrier, which state’s laws apply?
  • What will be covered in the contract you draw up?
  • Do you negotiate ongoing or future contact with the carrier?
  • May I speak with a few current or past clients?

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