Page 164 - JLA-03

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There are many experts provided the legal opinion on the same

direction, argue that an international agreement which contains similar legal
concept to the Hague Adoption Convention is supposed to be applied toward
(74)
the domestic legal system. Part of the domestic law of the country in which

surrogacy is permitted is needed to abide by the general principle from the
related international convention as such so that rules will be consistent across

different countries. However, this could be complicated as each state has

differentiated the point of view on surrogacy management under its own

jurisdiction. It is possible to be considered unfair to the same-sex couple or

foreign couples wishing to engage in the surrogacy process could not be
regarded as the lawful parent of the child and granted the right to bring their

child back to their home country.

General Principle on Legal Ethics related to surrogacy process

Most intended parents come to lawyers to define their rights and what

is, in the complex of laws and regulations, deemed to be legal and correct.

Based upon practice, lawyers know that almost all intended parents follow the
guidance given. To represent the intended parents effectively, the lawyer needs

information or document that the intended parents wish not to make public,

if necessary, to advise the intended parents to avoid wrongful conduct. That

is why trust is the hallmark of the client-lawyer relationship.

(75)
The principle of client-lawyer confidentiality is derived from various

bodies of law such as the attorney-client privilege, the work product doctrine,

(74)
Ibid.
(75)
The Rules of Professional Conduct, Rule 1.6 the client-lawyer confidentiality.

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