Jimmy Fallon’s Journey to Fatherhood
Did you know that Jimmy Fallon’s two daughters were born via surrogate? Surrogacy is a legal method of assisted reproduction in which a woman known as a surrogate agrees to bear a child for an individual or couple, who will become the child’s legal parents after birth. Surrogates do not have any genetic relationship to the babies they carry in most cases.
The famous comedian and late-night talk show host didn’t keep his fertility struggles a secret, as Fallon has publicly revealed that he and his wife struggled to have a child for five years prior to welcoming their first daughter in 2013. Their second daughter was born in 2014 about a year-and-a-half later through a surrogate as well.
After trying “a bunch of things,” according to Fallon, he and his wife Nancy chose surrogacy. This is a very common alternative for infertile couples who are trying to start a family. And if you’re wondering, infertility is highly common.
According to the CDC, about 6% of married women aged 15 to 44 years old in the US are unable to get pregnant after one year of trying. In other words, about 6% of married women in the US are infertile. The CDC also reports about 12% of 15 to 44-year-old women in the US to have difficulty getting pregnant or carrying a pregnancy to term, which is called impaired fecundity.
Although many people believe infertility only occurs in women, that is not true. In about 8% of couples with infertility, the male is identified as the cause, while 35% of infertility cases are attributed to both males and female factors.
Types of Surrogacy
If you’re considering surrogacy, there are two types to choose from. They include:
Gestational surrogacy: The most common type of surrogacy and also the most legally sound option is gestational surrogacy. This occurs when a surrogate carries another woman’s egg, allowing intended mothers to be genetically related to their child. This option helps intended parents avoid the overwhelming emotions and legalities that traditional surrogacies could present, which brings us to our next point.
Traditional surrogacy: Another option is traditional surrogacy, which requires the surrogate’s egg to combine with the intended father’s or donor’s sperm. Although traditional surrogacies have been around the longest, they are decreasingly popular for several reasons. One reason is that the surrogate becomes the genetic mother of the child, making it easy for her to claim the child as her own. In New York, traditional surrogacy laws are complicated, as this type of surrogacy is only legal in New York if the surrogate does not receive compensation.
Why You Need a Surrogacy Lawyer
Surrogacy can be a blessing or a curse depending on the lawyer you choose to represent you. If you are considering surrogacy as a means to start your family, you must ensure you do it right. Only an experienced and qualified lawyer can ensure every step of the process is completed legally and help minimize the risks that could potentially arise, such as child custody battles between the intended parents and surrogate. In addition, a surrogacy attorney can help with the following:
- Help you understand the laws, regulations, and processes regarding surrogacy
- Draft and finalize a valid, legally enforceable surrogacy contract using a risk assessment approach
- Hold parties accountable for complying with the laws and contracts involved in the process
- Help give you full parental rights to your child as soon as possible
- Champion your best interests every step of the way
Our New York family attorneys at Eiges & Orgel, PLLC can advocate for your goals and protect your rights as intended parents. Discuss your situation with us and learn how we can serve you by contacting our firm at (347) 848-1850!