Reaching the surrogacy agreement stage is a milestone worth acknowledging. It means you have made a profound decision about how you intend to build your family.
However, the contract in front of you deserves more than a quick review. The right agreement protects your parental rights, your finances and your relationship with your surrogate. Here is what to ask before you sign.
1. Does the agreement clearly define everyone’s parental rights?
Your surrogacy contract should leave no doubt about who the legal parents are. In California, intended parents can obtain a pre-birth order, which ensures they are legally recognized as the parents immediately upon the child’s birth. Confirm that your agreement outlines this process. Also confirm that it addresses what happens if something unexpected occurs during the pregnancy.
2. Are all compensation and expense terms spelled out?
Vague payment terms create conflict. Your agreement should detail base compensation, allowances for lost wages, medical expenses not covered by insurance, maternity clothing and travel. Furthermore, it should address what happens if the surrogate carries multiples or requires bed rest. Surprises in this area are among the most common sources of disputes.
3. What does the contract say about medical decisions?
Medical autonomy is a sensitive subject in surrogacy arrangements. While the California Constitution protects a surrogate’s bodily autonomy, the contract should explicitly detail agreed-upon medical protocols. Certain provisions — such as forced termination — remain legally complex to enforce. Therefore, this section requires honest, thorough discussion between all parties before anyone signs.
4. Does the contract address contact and communication expectations?
How often will you communicate with the surrogate? Will you attend medical appointments? What happens after the birth? These expectations vary widely. Consequently, a solid agreement puts them in writing so no one feels blindsided.
5. Has an independent attorney reviewed the agreement?
California law requires that both parties be represented by independent legal counsel before the surrogate begins any clinical medications or procedures for the embryo transfer. This requirement protects everyone involved. If the surrogate is using the same attorney as you, that is a red flag. Each party deserves someone looking out for their interests alone.
The right agreement protects everyone
A well-drafted surrogacy agreement is the foundation of a successful arrangement. It protects the surrogate, the intended parents and the child.
If you are navigating assisted reproductive technology for the first time, the process can feel overwhelming. However, you do not have to figure it out alone. Consider speaking with experienced legal professional to learn more about how California law guides these arrangements