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Do you need a surrogacy contract?

On Behalf of | May 10, 2024 | Surrogacy Law

If you are planning to have a child through a surrogate, you need to take time to find the right person. And after you find a surrogate who checks all your boxes, you should consider drafting a surrogacy contract, even if the party is a loved one.

Here is why an agreement is necessary:

Protect all involved parties

A surrogacy contract can protect all involved parties, that is, the intended parents, the surrogate and the baby. Your agreement should include every matter related to the process, including:

  • The responsibilities of the surrogate to take care of themselves and the pregnancy
  • The surrogate’s compensation
  • Instances when you need to be present or not, for example, during the surrogate’s regular prenatal care and birth
  • Things the surrogate needs to avoid, such as engaging in intercourse when attempting to achieve a pregnancy or smoking during pregnancy
  • A diet the surrogate should observe
  • Procedures that will be followed if the pregnancy doesn’t proceed to term or if the surrogate carries an unsafe number of fetuses
  • How the custody of the child will be relinquished to you at birth, and so on.

A binding surrogacy agreement can protect you from misunderstandings, as you will know what to do at every step.

How will you draft the contract?

As the intended parents, you will draft the contract with the help of a surrogacy law attorney and send it to the surrogate, who will review it with their attorney. If they have an issue with any term, they will request changes. Do this until you have an agreement that protects the interests of all involved parties.

Different jurisdictions in the county and worldwide handle assisted reproductive technology (ART) law differently. That’s why you need to learn more to make informed decisions.