Surrogacy has become a great option for couples and individuals who are unable to conceive or carry a pregnancy to term. However, it is essential to approach surrogacy with a clear understanding of the legal framework involved. Surrogacy contracts are legal agreements that outline the rights and responsibilities of all parties involved in the surrogacy process, including the intended parents, the surrogate, and any other relevant parties, including the agency and escrow management. It is important to select an ART (Assisted Reproductive Technology) Attorney, and Stronger Together Surrogacy has a list of top Attorneys in this field for every state.
Key Components of a Surrogacy Contract
A surrogacy contract typically includes the following key components:
Parties Involved:
- Intended Parent(s): The individual or individuals who will raise the child.
- Surrogate/Gestational Carrier: The woman who will carry the pregnancy. This will also include the Spouse or partner.
- The Agency (if applicable): The agency facilitating the surrogacy process is named. Although their role is not outlined in the contract, it is essential to ensure their access to the clinic, medical records, and escrow.
Medical Procedures:
- Fertilization: The method of fertilization, such as in vitro fertilization (IVF), will be outlined.
- Medication Protocol: Ensuring the surrogate’s commitment to the Clinic’s protocols is followed.
- Embryo Transfer: Details about the number of embryos transferred and up to how many transfers will be agreed upon.
- Medical Care: The responsibilities of the intended parents and the surrogate mother regarding medical care during the pregnancy and childbirth.
Parental Rights and Responsibilities:
- Legal Parenthood: The contract should establish the intended parents as the child’s legal parents.
- Custody and Guardianship: The agreement should specify the intended parents’ rights to custody and guardianship of the child.
- Child Support and Visitation: While this is not a factor in surrogacy arrangements, the contract may include provisions clarifying that there will be no child support from the Surrogate or her partner (if applicable) or be granted any visitation rights. That said, many surrogates and Intended Parents form relationships through their journey, and they do keep in contact or visit, even after the birth.
Compensation and Expenses:
- Compensation: The contract should outline any compensation to be paid to the surrogate.
- Expenses: The parties should agree on who will be responsible for medical expenses, legal fees, and other costs associated with the surrogacy process. Medical expenses, legal counsel, and all costs throughout the journey are paid by the Intended Parents, unless otherwise agreed upon.
Confidentiality:
- The contract should include provisions to protect the privacy of all parties involved. Typically, sharing the journey on social media or with friends and family is allowed. As long as names and photos are not shared without permission, it is ok! It has become popular for both Surrogates and Intended Parents to share about their journey, allowing others to know they’re not alone.
Dispute Resolution:
- A dispute resolution clause should outline the process for resolving any disagreements or disputes that may arise. This may include mediation or arbitration. Typically, the Agency can assist in resolving miscommunications and should be the first point of contact.
Termination of the Contract:
- The contract should specify the conditions under which the agreement can be terminated, such as in the event of the surrogate’s health complications or the inability to create viable embryos.
- It will outline that the contract can be discontinued by either party, as long as there is no active pregnancy. Though this is rare, it outlines the responsibility of both sides should either wish to cancel the contract.
The Importance of Legal Counsel
Consulting with an experienced ART law attorney is essential to navigate the process, which can vary depending on the state. An attorney’s role extends far beyond contract drafting. They are your guide through a legal maze, ensuring that every step of the process is transparent, equitable, and legally sound.
A well-drafted surrogacy contract is the foundation of a successful surrogacy journey. It serves as a legal blueprint, outlining the rights, responsibilities, and expectations of all parties involved. This document covers a range of critical issues, including financial compensation, medical decisions, parental rights, and what happens in unforeseen circumstances such as medical complications or disputes.
By working with a qualified ART Attorney, you gain peace of mind knowing that the legal framework for your surrogacy journey is clear, fair, and enforceable. This step not only protects your rights and interests but also fosters trust and understanding among all parties, laying the groundwork for a positive and rewarding surrogacy experience.
State-Specific Laws and Regulations
It’s important to note that surrogacy laws vary significantly from state to state. Some states have specific surrogacy laws, while others rely on general contract law. Intended parents and surrogates should consult with attorneys who specialize in ART law. This is the best way to understand the specific legal requirements in their jurisdiction.
Stronger Together Surrogacy: We Can Help with Surrogacy Contracts
A well-drafted surrogacy contract is essential to ensure a smooth and legally sound surrogacy process. By understanding the key components of a surrogacy contract and seeking legal advice, Intended parents and surrogates can protect their rights and responsibilities throughout the journey. Reach out to us to learn more about how we can help you achieve your dream of parenthood.
