Book a consultation with one of our trusted and friendly team members

Choosing the right surrogacy lawyer: Questions Surrogates should ask their attorney

Exclusive Interview with Amanda Troxler: Surrogacy Lawyer and Founder of TROXLAW 

Given the obstacles associated with surrogacy law, it is no wonder that finding the right surrogacy lawyer with expertise in Assisted Reproductive Technology (ART) is a challenge in itself.

When considering becoming a Surrogate, you must work with a lawyer specializing in third-party reproduction. Third-party reproduction is a specific area of law, requiring a professional who understands the surrogacy journey.

At NewGen Families, we consider Surrogates to be the heart and soul of the reproductive journey. In addition to a healthy pregnancy, Gestational Carriers should also be empowered and protected throughout their surrogacy experience. That’s why we interviewed Amanda Troxler, the founder of TROXLAW, on the crucial matter of selecting legal representation as a Surrogate.

Join us as we explore Amanda’s invaluable advice on how to choose the surrogacy lawyer, and more importantly, what questions you should ask to determine the right choice of representation.

Amanda - NewGen
Amanda Troxler, Surrogacy Lawyer and Founder of TROXLAW

Amanda Troxler: History in third-party reproduction

With almost a decade of experience practicing exclusively in third-party reproduction, what exactly drew Amanda to this specific area of law? 

“I was lucky that I met an attorney who practiced in third-party reproduction through my family law professor. However, what makes me unique is that I was raised by my father, who was a single gay man, a rather uncommon circumstance in the 80s and 90s. Initially, I liked the idea of protecting same-sex families, ensuring they are healthily built and protected. As I started to practice, I also became more aware of infertility and became sensitive to matters of infertility, inspiring me to help people in this field”. 

Amanda prides herself on providing compassionate and knowledgeable support to her clients. Her compassion and knowledge undoubtedly stem from her personal experience in third-party reproduction and Assisted Reproductive Technology (ART), having been an Egg Donor seven times to six families. 

One would be pressed to find a surrogacy lawyer with such an affinity to this area of law. These unselfish acts of kindness demonstrate her firm commitment to helping Intended Parents grow their family. 

“I adore this field. I feel like it is a vocation. It was destined for me, especially considering my background. My experience in Assisted Reproductive Technology (ART), as an Egg Donor, changed my perspective. For instance, there’s one family that I donated to; it’s an open donation. That’s been lovely. The boys are three and five. I have a relationship with them. I see them every so often”. 

TROXLAW: Founding the firm 

Today, Amanda also experiences the joy of being a mother to her child when her beautiful son, Desmond, was born in March this year. The birth coincided with the creation of her law firm TROXLAW, situated in Los Angeles, California: 

“I decided during my maternity leave to start my firm. The big motivator was my son. I felt that with his birth, I needed more control over my career. I wanted to make my own decisions and run my firm the way I wanted”. 

The result speaks for itself. In a short time, TROXLAW is fast becoming a flagship firm practicing family formation law. Seated at the helm is a steadfast individual who communicates contracts patiently, taking the time to explain stipulations pertaining to a Surrogate, among her other clients. Her experience as an Egg Donor and the impact she is having on the surrogacy industry today will become her legacy. 

Choosing the right surrogacy lawyer  

Surrogates will participate in two main legal phases throughout their journey. The first legal phase is the preparation of the Gestational Carrier Agreement (GCA), between the Surrogate and the Intended Parent(s). 

Once the Gestational Carrier Agreement is signed and the Surrogate becomes pregnant, she will participate in the second legal phase of the surrogacy journey – the Court Order phase. The Court Order is the legal proceeding in which the Intended Parent(s) is declared the legal parent(s) of the child or children carried by the Gestational Carrier. 

Amanda understands the key elements essential to every third-party reproduction arrangement and offers suggestions on what to ask a surrogacy lawyer.

“When interviewing a lawyer for surrogacy, you want to choose somebody who specializes in third-party reproduction. You don’t want your personal injury attorney to represent you in surrogacy. You want to ensure that you find somebody who knows what they are doing.” 

Amanda has been practicing family formation law since 2013 and represents hundreds of Intended Parents, Donors, and Surrogates each year. When asked what specific questions a Surrogate should ask their surrogacy lawyer, Amanda suggests: 

“Ask for their experience. How many years have they been practicing? How many Surrogates have they represented? Do they typically represent Intended Parents or Surrogates?”

“Also, much of it comes down to personality and who you click with. Do you want someone you feel comfortable talking to?  Can you bring up your concerns with this lawyer? Is this person someone who you feel would advocate on your behalf? Are they available to help explain the provisions of the surrogacy agreement if something is unclear? If there is some sort of dispute between the Surrogate and the Intended Parents, will they be willing to help with anything like that?” 

In addition to choosing a lawyer who specializes in third-party reproduction, new Surrogates should also choose a lawyer who is familiar with the local surrogacy law of your region. Surrogacy laws vary from state to state, and therefore, it is imperative that your lawyer has a comprehensive understanding of the legal context they are working under.

What should you expect from your lawyer?

Amanda understands how challenging it can be for individuals and couples to utilize Assisted Reproductive Technology (ART) to grow their families. In doing so, she acknowledges the essential role of the Surrogates. Once a Surrogate has entered negotiations, what should she expect from a lawyer? 

“You should read the contract carefully! If you have questions, write them down, and highlight portions of the contract that need clarity. Any good attorney will walk you through the agreements. A Surrogate typically shouldn’t be concerned, feeling as if she is carrying the weight of the contract all by herself. The attorney’s role is to ensure everything is clear for her. You need an attorney who can point out anything she should be aware of before writing up her surrogacy agreement.” 

Don’t be shy to ask essential questions from a Surrogate’s perspective. For example, how long does it take to prepare and sign a Gestational Carrier Agreement? Amanda suggests, 

“A good thing to ask your attorney is what is the turnaround time? You want somebody who is going to be responsive. I always tell people that it depends on the parties and how quickly they can make themselves available. Every attorney is different in terms of their scheduling. As a surrogacy lawyer, I always tell Surrogates, ‘I will let you know the same day as long as it comes through during business hours. That’s the rule for my firm’”.  

Key Takeaways

  • Specialist in Third-Party Reproduction: Be sure to choose a lawyer specializing in third-party reproduction when selecting legal representation as a Surrogate.
  • Local Surrogacy Law: Consider the local surrogacy laws when choosing your surrogacy lawyer. Your lawyer must have a comprehensive understanding of the surrogacy law in general but also of your hometown.
  • Experience matters: When selecting a surrogacy lawyer, consider their experience, typical clients, and personal rapport. You need a lawyer who is familiar with the contents and turnaround time of Gestational Carrier Agreements and Pre-Birth/Post-Birth Court Orders.
  • Representation for Surrogates: Personal compatibility with your lawyer is essential, as they should be someone you feel comfortable talking to and who will advocate on your behalf. Ensure your lawyer will prioritize your health and safety above all else. Your lawyer should solely represent you, not your Intended Parents.

Conclusion

Choosing the right surrogacy lawyer specializing in Assisted Reproductive Technology (ART) is critical for anyone embarking on the surrogacy journey. 

Amanda exemplifies the qualities to look for in a surrogacy lawyer – experience, compassion, and a commitment to making the surrogacy journey as smooth as possible. Her dedication to helping families and her passion for this field makes her a standout choice for anyone seeking legal representation in the world of surrogacy.

If you are interested in becoming a Surrogate, we invite you to schedule a complimentary consultation with one of our trusted team members today!

NewGen Families logo colour RGB - NewGen

Case Studies

Learn how NewGen Families can assist you on your journey. But first, tell us a little about yourself.

Intended Parent 1
Intended Parent 2 (if applicable)
Additional Contact Information
*Please fill in all required fields

At NewGen Families, we offer full surrogacy services under the one roof. From the beginning of your surrogacy journey to the end and beyond, NewGen Families will coordinate everything for you.

Your Details

Your date of birth
*Please fill in all required fields
Newgen Families Rainbow logo small

Start your journey with NewGen Families

Small baby logo in purple

I'd like to become a Surrogate

Complete this form to see if you quality

Small logo representing families.

I am an
Intended Parent

Complete this form to schedule a free consultation