Friday, July 30, 2010

It just keeps getting better...

I've contacted an attorney. I'm at a loss right now. I've tried twice to rest and relax but every time I start to settle down I feel like I have to get up and move, to do something. I'm so on edge and stressed out.

I digress.

I contacted an attorney that does surrogacy arrangements in Texas regarding our situation. I'm considering retaining her in order to protect myself and my family. Anyway, this is what is on her website:

"Intended Parents should not only have a contract with the Gestational Surrogate and her husband (if married) but the contract should be validated by a Court of Law prior to the embryo transfer. In Texas, validation is not required; however a contract which is not validated prior to the embryo transfer is UNENFORCEABLE and the Intended Parents would have to establish the parent-child relationship between themselves and the child through a family court proceeding after the child is born. Validating the Contract prior to the transfer simplifies the process and legally establishes the parent-child relationship between the child (or children) and the Intended Parents before the embryos are ever transferred. This process is far preferable in the event of any complications.

Texas is one of a handful of surrogacy friendly states and has enacted a surrogacy statute which specifically allows surrogacy agreements to be validated by the Court on the following basis:

1. The Intended Parents must be married
2. The Gestational Surrogates egg may not be used; a donor egg or the egg of the Intended Mother may be used;
3. The Intended Parents must show they have a medical need for the gestational surrogate;
4. The Gestational Surrogate must have achieved a successful pregnancy and birth.

Under these circumstances, the Texas Court will validate a Gestational Surrogacy Agreement. Additionally, Texas law does not require both the Intended Parents and the Gestational Surrogate to be residents of Texas to validate an agreement. In order for a Texas Court to validate a gestational agreement, either the Intended Parents or the Gestational Surrogate must have resided in the state of Texas for at least ninety (90) days prior to filing the petition. The Court also has the discretion to order a home study prior to signing a pre-birth order."

I need a massage. I need to do something to try to relax. I'm having mild contractions. They're not regular and they're not strong so I'm not worried at this point. My midwife told me to relax and try to alleviate the stress.

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