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What should go in a surrogacy contract? 

On Behalf of | Jan 30, 2025 | Surrogacy Law

A surrogacy contract, sometimes referred to as a gestational carrier contract, is essential in defining the rights and responsibilities of all parties involved. Surrogacy can be a life-changing option for some couples, allowing them to expand their family in ways that would not otherwise be possible. However, it is also a complex legal process, making it crucial to understand the necessary steps.

While every surrogacy arrangement is unique, below are some key areas that a surrogacy contract may address.

Legal rights and responsibilities

When drafting and signing a surrogacy contract, it may need to cover the following:

  • The parental rights of all parties involved
  • Any potential child custody issues
  • The specific location where the child will be born
  • Whether future contact will be allowed between the surrogate, the child and the parents
  • Who has control over medical decisions during the pregnancy and delivery. Does the surrogate still get to make all relevant decisions while giving birth, for instance, or will the future parents have any input? 
  • How medical expenses will be covered and who is responsible for these costs
  • Liability in the event of medical complications during the pregnancy
  • Compensation for the surrogate or gestational carrier, potentially including lost wages during the pregnancy
  • Legal fees and who is responsible for covering them

In most cases, the surrogate is not responsible for the costs associated with the pregnancy. However, it is still vital to outline these financial obligations in the contract to prevent disputes and ensure clarity for all parties. It can help individuals who are considering surrogacy to seek legal guidance to draft a thorough contract and understand the necessary legal steps.

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