What is an Intentional Parent? Legal Insights and Implications
Definition & meaning
An intentional parent is an individual who actively chooses to have and raise a child, often through methods such as surrogacy. This person is recognized as the legal parent of the child, irrespective of any genetic connection. The intentional parent's legal rights and responsibilities are established through a surrogacy contract with a surrogate mother, which outlines the terms of the arrangement.
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The term "intentional parent" is primarily used in family law, particularly in discussions about surrogacy and parental rights. Legal practices involving intentional parents often require the drafting of contracts that detail the rights and responsibilities of all parties involved. Users can manage these processes with the right legal templates, such as those offered by US Legal Forms, which provide guidance on creating enforceable agreements.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: A couple decides to use a surrogate to have a child. They enter into a surrogacy contract with a surrogate mother, establishing themselves as the intentional parents of the child, who will be born through this arrangement.
Example 2: A single individual chooses to become a parent through surrogacy. They sign a contract with a surrogate, thereby becoming the intentional parent of the child, even though there is no genetic link. (hypothetical example)
State-by-State Differences
State
Notes
California
Recognizes surrogacy contracts and allows intentional parents to establish legal parentage pre-birth.
New York
Surrogacy contracts are legal but must comply with specific regulations to be enforceable.
Texas
Allows surrogacy agreements, but the process for establishing parentage may vary.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with Related Terms
Term
Definition
Biological Parent
A person who has a genetic connection to the child.
Adoptive Parent
An individual who legally adopts a child, gaining parental rights.
Surrogate Mother
A woman who carries and gives birth to a child for another individual or couple.
Common Misunderstandings
What to Do If This Term Applies to You
If you are considering becoming an intentional parent, it is essential to understand the legal implications of surrogacy. You should:
Consult with a legal professional who specializes in family law and surrogacy.
Explore legal form templates available through US Legal Forms to draft your surrogacy contract.
Ensure compliance with your state's laws regarding surrogacy and parental rights.
Quick Facts
Attribute
Details
Typical Fees
Varies widely, often ranging from $50,000 to $150,000 for surrogacy arrangements.
Jurisdiction
Family law, specifically surrogacy law.
Possible Penalties
Invalid contracts may lead to loss of parental rights or financial penalties.
Key Takeaways
FAQs
A surrogate mother carries and gives birth to a child for another person or couple, who are the intended parents.
While it's possible to use templates, consulting a lawyer is recommended to ensure the contract meets legal requirements.
Yes, intentional parents do not need to have a biological connection to the child to be recognized as legal parents.