How Do Surrogacy Contracts Work?

There are several components attached to a surrogacy process, with the surrogacy contract being the most important. The surrogacy agreement describes the whole surrogacy journey and clearly delineates the party’s roles, rights, and responsibilities before, during, and after the pregnancy.

A surrogacy contract that’s done correctly and comprehensively leaves little room for miscommunication and disputes, safeguarding all parties involved in the process: the surrogate, intended parents, and the baby.

Surrogacy Contract – Drafting and Negotiations

The surrogacy agreement must be collaborative in nature, with the parties and their respective lawyers contributing to the included terms.

Typically, the intended parents would, with the help of their lawyer, draft the original agreement. This contract would then be forwarded to the surrogate’s lawyer and the surrogate for review. It’s important the surrogate’s interests and requests are represented in the contract. If not, the agreement would be sent back to the intended parents and/or their attorney to make required changes.

The lawyers of both sides would keep negotiating the agreement until each party is happy. The agreements could then be signed, with the surrogate and intended parents moving forward with the required medical procedures.

It’s important the surrogate and intended parents have attorneys on their respective sides. The lawyers would function as allies of their respective parties, represent the best interests of their clients, and ensure the end agreement is balanced and just. Without lawyers on board, the surrogate and intended parents would have to directly negotiate, which could be stressful and damage their relationship.

The agreement should be finished and signed before any medical procedures are under way. It’s vital to safeguard all concerned parties throughout the medical process. Fertility clinics usually do not perform medical procedures of a surrogate until the agreement is in place.

Things to Look for in a Surrogacy Agreement

A surrogacy agreement would differ in its constituents and the way it’s drafted, thanks to state-specific surrogacy laws, and the individual circumstances and needs of each party.

Generally, a surrogacy contract must cover the following:

  • Finances, which includes the base compensation of the surrogate, and extra compensation the surrogate could get for carrying multiples, invasive procedures, bed rest, etc.
  • Pregnancy-related liability and risks.
  • The health and responsibilities of the surrogate.
  • A contract on sensitive matters, such as termination and selective reduction.
  • Individuals present at birth and prenatal appointments.
  • Legal rights to the child after birth

If you’re considering surrogacy as a surrogate mother or an intended parent, contact Baby Steps Surrogacy Center.

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