4 Important Considerations for Surrogacy Contracts

Surrogacy is a process where a woman agrees to carry a pregnancy for another individual or couple who may not be able to carry a child on their own. Surrogacy contracts are legal agreements between the intended parents and the surrogate mother, outlining the terms and conditions of the surrogacy arrangement. These contracts are important as they protect the rights and interests of both the intended parents and the surrogate mother. In this article, we will discuss the four most important considerations for surrogacy contracts.

1. Legal Requirements

Surrogacy laws vary from state to state and country to country. It is important to understand the legal requirements for surrogacy in the jurisdiction where the surrogacy will take place. The surrogacy contract should comply with all applicable laws to ensure the legality of the surrogacy arrangement. A qualified attorney with experience in surrogacy law should be consulted to ensure that the surrogacy contract meets all legal requirements.  At Elevate Surrogacy, all surrogates are provided with a reproductive attorney for no charge.  This attorney will work solely on the surrogate’s behalf and will ensure that all parts of the legal agreement are fully understood.  The attorney will also help suggest or request modifications to the draft to help better fit the preferences of the surrogate mother.

2. Compensation

Compensation for the surrogate mother is an important consideration in surrogacy contracts.  Although compensation is typically agreed upon long before the legal phase, it is still important that this portion be clearly defined within the agreements. The intended parents should agree on the amount of compensation and how it will be paid. Compensation may include base compensation for carrying the pregnancy, reimbursement for medical expenses, and compensation for lost wages. The contract should clearly outline the payment schedule and the circumstances under which compensation may be adjusted. The intended parents should also consider whether they will provide additional compensation in the event of a multiple pregnancy or other complications.

3. Medical Procedures and Risks

Surrogacy contracts should clearly outline the medical procedures that will be required during the surrogacy process. These may include fertility treatments, embryo transfer, and prenatal care. The contract should also address the risks associated with these procedures, the potential for complications during the pregnancy, and any additional compensation in the event of such complications. The surrogate mother should undergo a medical evaluation prior to the surrogacy arrangement to ensure that she is medically and psychologically fit to carry a pregnancy. The contract should also include provisions for medical care and insurance for the surrogate mother during the pregnancy and postpartum period.

4. Parental Rights and Responsibilities

The surrogacy contract should clearly define the parental rights and responsibilities of the intended parents and the surrogate mother. The contract should address issues such as custody, visitation, and the rights of the surrogate mother to be involved in the child’s life after birth. The contract should also address the legal process for establishing the intended parents’ parental rights, including any necessary adoption or parentage proceedings. The intended parents should also consider issues such as future contact between the child and the surrogate mother, as well as any potential future medical issues that may arise.

Surrogacy contracts are an important part of the surrogacy process. They protect the rights and interests of both the intended parents and the surrogate mother. When entering into a surrogacy contract, it is important to consider legal requirements, compensation, medical procedures and risks, and parental rights and responsibilities. The services of an experienced attorney will ensure that the surrogacy contract complies with all applicable laws and protects the interests of all parties involved.  The intricacies of the contract phase of surrogacy is one reason why many surrogates choose to work with an established agency.  Surrogacy agencies, like Elevate, work with surrogates and their attorneys to ensure the contracts are fair, meet their expectations, and protect their well-being throughout the surrogacy process.  To learn more about becoming a surrogate with Elevate, please contact us at info@elevatebaby.com


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