A surrogacy contract is essential for working with a surrogate to start a family. The agreement is necessary because it outlines the rights of both the surrogate and the receiving family and each member’s roles and responsibilities at each stage of the pregnancy.
When a surrogacy contract is made correctly, it is very comprehensive and covers all of the most common areas where disputes and miscommunications often arise. Good contacts protect everyone involved in the surrogacy process: the intended parents, the surrogate, and the baby.
This article will provide you with detailed information about the process of creating and negotiating a contract. This article offers suggestions for what to look for in a contract.
Negotiating Surrogacy Agreements
At Family Creations, we make sure that surrogacy agreements are created through a collaborative process, with both the intended parents and surrogates contributing. This ensures that the needs and hopes of all parties are addressed and that it’s a positive experience for everyone involved.
Both the intended parents and surrogates will work with an attorney to draft the surrogacy contract. The attorneys representing both parties will negotiate until everyone is satisfied with the terms of the contract. Once everyone agrees, the contracts are finalized and signed, and the intended parents and surrogate can begin to move forward with the process.
While purchasing a pre-written surrogacy contract can be a more straightforward, less time-intensive, and less expensive approach, we believe it is vital for both the intended parents and the surrogate to work with an attorney to represent their interests and negotiate the contract. Legal professionals serve as each party’s trusted ally. This helps ensure that all interests are represented and that the final contract protects everyone.
What’s Included in a Surrogacy Contract
Every contract will be different depending on state surrogacy laws and each party’s specific needs and circumstances. However, there are some basics that every contract should contain. Here are a few areas that will likely be included:
- Finances and compensation: this includes base compensation, in addition to compensation for any additional medical procedures, carrying twins, or requiring bed rest.
- The health risks and liability associated with the surrogate pregnancy. This section spells out the requirements the intended family has for the surrogate’s health and wellbeing throughout her pregnancy
- Sensitive issues such as pregnancy termination, should it become necessary.
- Participation for prenatal appointments and who will be in attendance at the child’s birth.
The Dangers of Independent Surrogacy Contracts
At first glance, it may seem simpler to download a templated contract from an online legal documents source. However, while numerous websites offer low-cost or free downloads of basic surrogacy contracts, we never advise surrogates or intended parents to follow this route. Having proper and credentialed legal representation is always the best option for all parties.
One of the limitations of online templated surrogacy contracts is the fact that they are so generic. These contracts don’t address any personal needs and circumstances, and they rarely take into account the complexities and variables that may affect the pregnancy and the surrogacy arrangement. When the legal contract is generic and weak, fewer protections are guaranteed for the surrogate, the intended parents, or the baby.
Learn More About Family Creations
At Family Creations, we understand the complexities of surrogacy contracts and can connect both parties with experienced attorneys who can help them to reach a satisfactory agreement. Contact us today to learn more about surrogacy services and how we can help you achieve the family you’ve been waiting for. Our experienced team has seasoned professionals who love working with future parents and surrogates, of all kinds, throughout the United States. We encourage you to learn more about us and reach out with any questions.