New York Surrogacy Lawyer

If you find yourself considering gestational surrogacy as a means to growing your family, you may be experiencing information overload.  Medical processes, fertility treatment, emotional considerations, surrogacy agency contracts, matching times, and legal agreements are interconnected but separately moving parts to your surrogacy journey.  One thing is for certain: you will need a lawyer who is experienced in the nuance inherent in surrogacy arrangements.

Janene Oleaga, a New York, NY surrogacy lawyer, has handled countless gestational surrogacy journeys, representing intended parents and gestational surrogates alike.  Janene has experience drafting and reviewing gestational surrogacy agreements, and drafting and filing parentage petitions to secure legal parentage, and is comfortable navigating conflict of law issues that can arise in cross-border surrogacy arrangements.  Janene always provides her clients direct access, clear timelines, well-drafted agreements, coordination among your IVF Clinic and surrogacy agency, and consistent support throughout your surrogacy journey.

How Does Surrogacy Work, Exactly?

​Surrogacy Lawyer New York, NY

Gestational surrogacy is a team effort: intended parents, a gestational surrogate (also known as a gestational carrier), medical providers, surrogacy agencies, escrow agencies, insurance providers, and attorneys all work together to ensure a smooth journey in which all parties are protected and the intended parents are the legal parents of the child once born.  The gestational surrogacy agreement drafted at the outset serves as the roadmap for your entire journey, addressing legalities and how parentage will be established in addition to factors including escrow, health insurance, life insurance, travel, medical decision-making authority, lifestyle restrictions, delivery logistics, expenses, compensation, confidentiality, and expectations for future contact in order to align expectations and responsibilities of all parties throughout.  While every surrogacy journey is unique, clear and well-drafted surrogacy agreements address can often mean the difference between a smooth journey and one rife with miscommunication and misalignment.  Your gestational surrogacy agreement should be tailored to your specific needs and desires and the facts specific to your arrangement.

For more on what’s in a surrogacy agreement, see Gestational Carrier Agreements: What to Expect

​Our assisted reproduction lawyers also plan for contingencies: relocation, a change in clinic, unexpected pregnancy complications, loss of insurance, and other considerations.

In addition to the gestational surrogacy agreement, your surrogacy lawyer should be prepared to draft and file a petition in order to secure your legal parentage to your child.  Whether you can establish your legal parentage pre-birth or after the birth of your child depends on the applicable jurisdiction.  Each state has its own framework of laws and processes governing the establishment of legal parentage for children born through gestational surrogacy.  It’s important you are represented by a lawyer in the jurisdiction applicable to your surrogacy arrangement, who understands the laws and procedures that will impact your arrangement.  Many surrogacy arrangements involve two or three states or even different countries, creating conflict of law issues that require coordination with local counsel.

​Your surrogacy attorney should provide clear and consistent communication throughout your journey.  No matter how well informed you are, questions will arise.  The importance of having direct access to your attorney for quick questions cannot be understated.

​Why Experience Matters In Surrogacy

Surrogacy blends law, medicine, logistics, and relationships; experience brings those threads together with care. Our law team has:

• ​Dedicated practice in family formation: surrogacy contracts, donor agreements, and judgments of parentage for children born through assisted reproduction and surrogacy.
• Day-to-day coordination with New York IVF programs, surrogacy agencies, and delivery hospitals for smooth planning and implementation.
• Structured timelines, signature roadmaps, and responsive communication from intake to delivery.

​“Janene is top notch. There is not another lawyer I have come across who is more fair, compassionate, professional, and QUICK. Our experience with her was incredible from first consult, to finished and I cannot recommend her more!”

– Kristin K..

​Begin your surrogacy journey with clarity. Partner with Oleaga Law LLC and book a free initial consult today.

Types of Surrogacy Cases We Handle

We help intended parents, surrogates, and donors with the legal side of building families through surrogacy. Our approach is centered on clarity, care, and protecting everyone’s rights throughout the process. Our experienced New York, NY surrogacy lawyer handles a wide range of surrogacy cases involving different arrangements, agreements, and family goals. Call us today to see how we can help!

​Gestational Surrogacy Agreements
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Gestational surrogacy is the most common arrangement today, where the surrogate carries a child who is not biologically related to her. These cases require careful legal documentation to define parental rights, medical responsibilities, and financial terms. We draft and review contracts that reflect each party’s intent, ensuring all legal requirements are met under New York law.

​Traditional Surrogacy Matters
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Traditional surrogacy involves a surrogate who uses her own egg, creating a biological connection to the child. Because of this, these cases often involve more detailed agreements and legal steps to establish parentage. We handle these matters with sensitivity and precision, making sure both the intended parents and the surrogate understand their rights and obligations from the beginning. Our New York surrogacy lawyer helps guide clients through this process to build their family.

​Same-Sex Couple and LGBTQ+ Family Cases
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Surrogacy plays a vital role for same-sex couples and LGBTQ+ individuals who wish to grow their families. Each arrangement can be different depending on medical, biological, and legal factors. We assist couples in drafting agreements, reviewing donor contracts, and securing parentage orders so that their rights are recognized from birth. Our firm values inclusion and equality in every case, providing tailored support that respects each family’s path to parenthood.

​Donor Agreements and Parental Rights
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Donor agreements, whether involving sperm, egg, or embryo donors—are an essential part of many surrogacy cases. These documents clearly define the donor’s role and the intended parents’ rights. We prepare and review these agreements to prevent future disputes and maintain compliance with New York law. We help clients finalize legal parentage through pre-birth or post-birth court orders, depending on the arrangement and timing of the case. Our attorney, Janene Oleaga, is a board member of the BIVF Foundation, a non-profit organization that provides fertility treatments and family-building resources to New Englanders.

Disputes and Legal Challenges
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While most surrogacy journeys move forward with cooperation and trust, disputes can occasionally arise. These may involve questions about parental rights, compensation terms, or medical decisions. We step in to provide clear guidance and assertive representation when conflicts occur. Our goal is always to protect our client’s interests while promoting fair resolution. Whether through negotiation or court action, we focus on achieving outcomes that honor the original intent of the agreement and safeguard the child’s well-being.

Every client deserves accurate information, reliable guidance, and steady support from start to finish. If you are considering surrogacy or are already part of an arrangement, call us today at Oleaga Law LLC to work with our New York surrogacy lawyer. Our team brings years of experience, and we’re members of several organizations, like the Academy of Adoption and Assisted Reproduction Attorneys (AAAA) and the American Society for Reproductive Medicine (ASRM).