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3 Helpful Tips Every Intended Parent Should Know About Surrogacy Contracts

Surrogacy Contracts: 3 Helpful Tips Every Intended Parent Should Know

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Intended parents can face a lot of confusion regarding the legal aspects of surrogacy, and one of the biggest sources of confusion in the surrogacy process is the surrogacy contract. The surrogacy contract refers to the legal agreement between the intended parents and the surrogate. The contract lists all legal provisions and agreements related to the process of surrogacy. Having a legal contract between a surrogate and the intended parents is very important to avoid any future legal conflicts. In the event of unforeseen circumstances, the surrogacy contract will act as a legal guide for both intended parents and the surrogate.

In order to get a better understanding of surrogacy contracts, here are 3 of the most important things every intended parent should know:

Tip 1. Surrogacy contracts differ from state to state.
Every state recognizes surrogacy as a reproductive option, but while some states have passed laws and statutes defining the surrogacy process, others do not have specific laws addressing surrogacy. In most states where surrogacy is recognized, there are laws and statutes that define the paternity of the child, the financial obligations and the rights of the intended parents and the surrogate. It is very important to know what the local laws and statutes are before getting into any legal contract with a surrogate. Reproductive specialty lawyers who specialize in surrogacy can help intended parents better understand all the different laws and statutes on surrogacy. Surrogate agencies will employ reproductive specialty lawyers for intended parents and surrogates in order to ensure that each party is legally protected.

Tip 2. The surrogacy contract is essential.
The surrogacy contract is very important to avoid any future legal conflicts that may arise during the process of surrogacy. A surrogacy contract is a binding and enforceable legal contract for the intended parents and surrogate. It pre-defines the paternity of the child and both the financial and behavioral responsibilities of each party. The surrogacy contract allows each party (meaning the intended parents and the surrogate) to state their own intentions and responsibilities to one another, and it establishes guidelines for what actions will be taken in the event of medical complications such as the number of embryos to be transferred at one time, if selective reduction is an acceptable option, and which type of delivery method will be used. All of these agreements and conditions are very important to avoid any legal conflicts that may arise during and after the surrogacy process. Surrogate agencies can provide helpful information on the different aspects included in a surrogacy contract.

Tip 3. The surrogacy contract should be reviewed by reproductive specialty lawyers representing each party.
Neither the intended parents nor the surrogate are required by law to use a reproductive specialty lawyer’s services for the surrogacy contract. However, it is highly advisable that the surrogacy contract be reviewed by a reproductive specialty lawyer in order to be certain that the child’s paternity is pre-established, and to properly identify the financial and medical obligations of each party. It is also recommended that both the surrogate and the intended parents have their own reproductive specialty lawyers review the surrogacy contract. Each reproductive specialty lawyer will review the surrogacy contract to ensure that the client’s responsibilities, rights, and paternity are properly identified. In most cases, surrogate agencies will provide both the intended parents and the surrogate with their own reproductive specialty lawyer.

The surrogate process can be confusing for intended parents, and reviewing and understanding the surrogacy contract is one of the best ways to clear up that confusion. The structure and clarity the surrogacy contract provides can help intended parents to feel comfortable and confident throughout the surrogate process.

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Intended Parents 101: Preparing for the Arrival of Your Baby

Intended Parents 101: Preparing for the Arrival of Your Baby

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Fortunately, the nine months between your baby’s conception and arrival gives you plenty of time to prepare. Here are some important tips to help you get ready for the arrival of your new baby:

Learn about the birth process with your surrogate
Because the thought of birth can be very overwhelming (even to an experienced surrogate mother), it’s best to discuss the details with her.

Find a doctor for your surrogate and baby
The best time to find an obstretican is before the fertility treatment starts – during the treatment, things will be hectic. Start looking midway through the surrogate’s pregnancy, around the 4-5 month point. This may seem early, but you’ll want to give yourself plenty of time to find a physician who’ll be a good fit for your family, who accepts your insurance, and who is taking new patients. Ask the people you know for references.

Get on the same page with your surrogate
An important aspect of planning is to inform your surrogate – she should be well informed about the different plans you and your partner have during and after the delivery of the child.

Talk to veteran moms about birth and baby care
Veteran moms have valuable knowledge you can use when your baby comes. They can provide great suggestions and tips on things you need to expect when your child arrives.

Prepare older siblings and pets (if any)
Many parents use a baby doll to help their child understand what’s coming. Older toddlers or pre-schoolers will enjoy the pretend play; when they see you diapering or feeding the new baby later, it will seem familiar. Pets also benefit from special pre-baby preparation. Local trainers may offer classes, or you can turn to books, articles, or videos for tips on teaching your pet and eventually your baby how to respect each other.

Decide who will attend the birth
This is a very personal decision. Some intended parents like a full room while others prefer as few people present as possible. Give some thought to what you want, so that there are no misunderstandings, unwelcome observers, or offended grandmothers. Make sure to also speak about this decision with your surrogate so she will not be surprised at the hospital.

Pack your bag
The last thing you’ll want to worry about when your surrogate goes into labor is whether you have everything packed. Ease your mind by getting your bag together a few weeks before your due date. Important things to bring should include all the legal documents, as well as any gift you may be presenting to your surrogate. Remember, a new baby requires an installed car seat, diapers, wipes, some clothing, and a safe place to sleep.

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Intended Parents 101

Intended Parents 101: Is Surrogacy Right for Us?

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Before you choose to go with surrogacy, you and your spouse or partner need to ask yourselves some questions; it’s a life-changing decision that requires mutual agreement, and it shouldn’t be taken lightly.

Some of the most important questions are:

“How will you handle a surrogate carrying your baby?”
The relationship between the surrogate and the intended parents can be as close or as limited as the parties agree upon, but it’s generally encouraged that the intended parents and surrogate communicate on a daily basis, attend all doctor appointments, and socialize on a regular basis. This allows the intended parents to feel that they are part of the pregnancy and are bonding with the baby.

“How can we be sure we have a compatible surrogate?”
The most critical step in the surrogacy process is selecting a surrogate that closely matches your and your spouse’s values, personality, and beliefs. This is accomplished through the agency that you and your spouse hire; each party will complete a profile that compiles personal information about you and your spouse and the surrogate and her spouse (if she is married). Once a potential match is located and properly screened, the agency will arrange a meeting of all parties.

“How much are we willing to financially invest in trying to have a baby?”
You and your spouse need to research the costs involved in using a surrogate to have a child – they’ll depend upon which medical procedures need to be performed, the agency fees, and the surrogate fees. The surrogacy agency will be able to provide you with an estimated breakdown to help you figure this out.

If you decide to choose surrogacy as a path to having a baby, it’s very important the relationship between both parties be protected. This is accomplished by selecting an agency that is not strictly a matching service – pick one that’s knowledgeable about surrogacy laws in your state, that carefully screens all surrogates, that is willing to act as a mediator between the surrogate and intended parents, ensures all legal and hospital matters are handled, and is available to walk all parties through each step of the process.

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Intended Parents 101

Intended Parents 101: Common Questions Answered

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Understandably, intended parents tend to have a lot of questions. Here are three (and their answers!) to get you started:

Why do I need a legal surrogacy agreement?
A legal surrogacy agreement – your surrogacy contract, that is, drafted by a specialized surrogacy attorney – attempts to cover all the “what ifs” in the process, addressing every issue that may arise.

For example, what if the surrogate changes her mind and wants to keep the baby? What if the intended parents split up while the surrogate is pregnant? What if the surrogate is pregnant with multiple fetuses? A well-drafted surrogacy agreement will answer all these questions (and many more), and be clear as to each party’s intent. The agreement should not only cover the important details of the arrangement but also establish each party’s legal rights and address their responsibilities too.

Can I use a ready-made contract I found on the Internet, or create my own?
This is very heavily not-recommended. A surrogacy agreement or contract is more complicated than you may think. The costs you anticipate saving by preparing the agreement yourself do not begin to outweigh the risks or legal consequences for a poorly drafted agreement.

Most of the agreements found on the Internet are too general in nature. Not only do they lack case law as they pertain to your specific surrogacy journey, they almost never provide enough protection for all involved parties or detail the specifics of your surrogacy arrangement.

The best and most practical way to get a well drafted surrogacy contract would be to enlist the help of a reliable surrogate agency that has years of experience and can provide a solid reliable reproductive lawyer.

What is required to ensure I am my child’s legal parent?
So, you have an agreement drafted by a legal professional, you’ve had the transfer, your surrogate is pregnant and you’re a few months away from realizing your dreams! Now what? Besides the decorating, shopping, baby shower and all-around giddiness you feel every day knowing your baby is on the way, you must again return to the legal issues and obtain a judgment of parentage which declares the Intended parent(s) the parent(s) and gives them all legal rights and adjudges that the surrogate and her husband (if any) have no legal rights.

Typically, this judgment is obtained pre-birth. There are some situations where your attorney may suggest that one parent needs to “adopt” the child. When you meet with your attorney, they will advise you on which manner you must proceed. Legally, this is your final step.

Once the judgment is obtained, your attorney will forward a certified copy to the hospital your surrogate will be delivering at and it is always best to keep an additional copy in your hospital bag and then just wait for the glorious day of your child’s birth.

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