Do it by the book

We know what it’s like to want a child so badly you’d do just about anything to have one. But when it comes to adoption or surrogacy, you absolutely must follow all the rules. The laws involving adoption and surrogacy vary by state — and with surrogacy, in some states, there simply aren’t any laws on the books. We cannot recommend more strongly that you work with a qualified attorney to ensure you are following the law at each step in the process.

Unfortunately, there are unethical people out there. A recent case currently receiving a lot of media coverage centers on Theresa Erickson, a nationally recognized surrogacy attorney, who pleaded guilty to being involved in a baby-selling ring.  According to news reports, Erickson and two accomplices recruited women to travel to the Ukraine to be implanted with embryos created from the sperm and egg of donors. Erickson and her partners would then tell prospective parents that a child had become available because another, fictitious couple had backed out of an adoption. They charged the adoptive parents, who had no idea they were being misled, more than $100,000, and paid the surrogates up to $45,000.

Erickson could receive up to 5 years in jail and be ordered to pay hundreds of thousands of dollars in fines. Fortunately, the innocent adoptive parents who were victims of this fraud will not have their parental rights terminated.

As an attorney, Theresa Erickson obviously knew that what she was doing was wrong. But sometimes, things aren’t quite so clear.

When we were going through the adoption process, we were contacted by a woman whose friend was pregnant. They would allow us to adopt the baby if we paid for the birth mother’s college tuition, along with some other financial arrangements. They did not want to use lawyers or an agency. When you have a situation presented to you in that way, you might think, “Well, if we save on lawyer’s fees and agency fees, it’s okay to put that money towards to her college instead. We’re helping her, and she’s helping us.” It’s easy to rationalize. If we weren’t lawyers ourselves, we may not have initially realized this is illegal — but it equates to buying a child. If we had agreed, it could have resulted not only in our losing that child later, but also in criminal charges.

Play it safe, and use a qualified adoption attorney or surrogacy attorney as you go through the process of getting to baby.

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