Surrogacy Essentials: Contracts, Law, Insurance, and State Policies with Janna Annest

In this episode of The Surrogacy Scoop, we sit down with Janna Annest, Attorney at Lirhus Keckemet Annest PLLC in Seattle, to explore the critical legal aspects of surrogacy and assisted reproduction. With years of experience in adoption law and surrogacy law, Janna shares her personal connection to reproductive law and offers invaluable guidance for intended parents and surrogates navigating the complex legal landscape of family building.

Janna provides comprehensive insights into surrogacy agreements, explaining what these crucial documents should include and why every clause matters. She discusses the essential components of a well-drafted gestational surrogacy contract, including terms that define the relationship between intended parents and surrogates, medical decision-making authority during pregnancy, expectations around prenatal care and lifestyle choices, and procedures for handling unexpected medical situations. Janna explains how contracts address surrogate compensation and reimbursement for pregnancy-related expenses, insurance coverage requirements, and what happens if complications arise that weren't anticipated at the contract's inception.

She emphasizes the importance of both parties having independent legal representation to ensure that each person's rights and interests are protected throughout the journey. Surrogacy laws vary dramatically from state to state, and Janna provides clarity on how these differences impact surrogacy journeys. She explains which states are considered surrogacy-friendly with clear statutory frameworks supporting gestational surrogacy, which states have restrictive laws or uncertain legal landscapes, and what happens when intended parents and surrogates live in different states with conflicting laws. Janna discusses how attorneys navigate these complexities, including when it may be advisable to deliver in a different state for legal reasons, how parentage orders from one state are recognized in others, and the importance of understanding your home state's laws before beginning a surrogacy journey.