Practicing as a lawyer in the field of surrogacy is already a complex situation when dealing with clients and their surrogates located in different US states. On the other hand, when dealing with clients who are living overseas and their surrogate is in the US (or any other surrogacy destination), the arrangement becomes even more complicated and unpredictable, especially during the time of a pandemic.
What are we to do as lawyers, and what are you to do as a parent expecting a child through surrogacy in another country? Well, to be honest, there is not one answer to that question. Thankfully, BioNews has published an article that helps us explain the current situation globally at this time.
What if you can’t be there?
Many parents have found themselves in a difficult position where they cannot travel to the birth of their child due to travel restrictions. Laws will differ from country to country, but parents will need to appoint a caretaker and guardian for the child until they can arrive. This could be a friend or relative, or a professional guardian. Parental authority must be clear if a medical emergency arises.
Another legal hurdle is the ability to bring your baby home. Many prospective parents are led to believe that obtaining a passport for their child will be a simple process, but this greatly depends on the country where the baby is born and the efficiency of their home country’s consulate. A little research goes a long way in preparing you for this process. Obtaining a passport for your baby may be more complicated than you expect, and you may need legal guidance.
Travel during the pandemic
The rules and restrictions for international travel are constantly changing and depend heavily on where you are traveling from and to. The spread of new variants of the Covid-19 virus and vaccination efforts seem to be in constant battle. You may need to be tested before leaving home or upon arrival, and you may need to quarantine for a certain amount of time before traveling again. Understand the requirements before you make your travel plans.
Although your plans to build your family may face new obstacles and take longer than you expected, help is available and you can find answers to these problems.