A surrogacy agreement involves a very special and personal relationship between one or two prospective parents and a person who will be carrying and giving birth to their child. It’s also, of course, a legal agreement.
A detailed and legally sound surrogacy agreement can help things go more smoothly for all parties involved. That’s why it’s critical that both the prospective parent(s) and the gestational surrogate have their own legal representative experienced with such agreements. This can prevent crucial provisions from being excluded or not properly codified.
Getting on the same page about sharing information online
One of these is what information, if any, can be posted on social media about the arrangement and impending birth. All parties need to be on the same page about this from the beginning.
Some people like to share all aspects of their life on sites like Instagram, Threads, Facebook or their own personal blogs and websites. Others prefer to keep their lives off the internet.
When a child comes into the world through surrogacy, the way the journey is shared on social media (if at all) needs to be addressed. The intended parents may want to share milestones or even small details, while the surrogate may not – or vice versa. All parties have a right to protect their (and the child’s) privacy.
That’s why it’s advisable to include a provision in the surrogacy agreement regarding social media and what information, if any, can be posted online. Even if all parties agree not to post about the surrogacy arrangement, people can change their mind as things progress. A carefully crafted social media provision can help prevent unwanted surprises.
What details should be addressed?
Among the details a social media provision in a surrogacy agreement can address include the following:
- What information (if any) can be shared about the pregnancy
- Whether any names or photos of the other parties can be posted
- What action needs to be taken if others (family or friends) post about the surrogacy arrangement
Parties sometimes agree that milestones (like an ultrasound, baby shower and the newborn themselves) can be shared, but without naming the other parties or giving specifics that would identify them.
Most parents who use social media share at least some photos of their children from the time they’re born until well into adulthood. However, a surrogacy arrangement is one that often requires sensitivity and privacy. With experienced legal guidance, the parties to such an agreement can work to protect their, each other’s and an affected child’s privacy.