Video Website powered by Einstein IndustriesErickson Law, PC

THERESA ERICKSON, ESQ.: It is absolutely critical that you have representation in this area. I've seen many clients grab a contract off the internet that looks like it would work for their situation. But just because you have the contract doesn't mean you understand necessarily the repercussions or what is needed to be done to ensure that that contract is filled for all the parties involved. This really is a collaborative area of law; it's not an adversarial area of law. Essentially that means we want to make sure that all parties are not only represented but understand the implications of this and that they are all coming together and not moving apart in some sort of litigation. They must ensure that they have representation and that means both parties must seek independent representation.

Although some individuals may feel that they don't need a lawyer because it's just a contract like buying a car. It really isn't that sort of contract. There are so many emotions involved. You must look at this from a business perspective and also be emotional. What that essentially does is make an individual or a couple very vulnerable to signing something that they necessarily don't understand or giving in to something that they necessarily shouldn't.

You absolutely have to understand that because the emotions are involved in this business transaction, you can be placed in a very vulnerable position, whether you're a surrogate, a donor or an intended parent. You really need to ensure you understand that. With independent representation you can ensure that there is someone looking out for this inside. It is ensuring that while you want this baby so badly or you want to help this couple out so badly, you're being protected at the same time.