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Surrogacy Contract Checklist

September 19, 2022 By user_tices

Surrogacy Contract Checklist: Important Considerations for Intended Parents

The process of surrogacy can be overwhelming, and intended parents need to make sure they have everything in order to ensure a successful arrangement. One of the most important components of a successful surrogacy arrangement is having a comprehensive surrogacy contract. A surrogacy contract is a legal agreement between the intended parents and the surrogate mother that outlines the terms and conditions of the surrogacy arrangement.

While the process of creating a surrogacy contract can be complex, having a checklist of important considerations can make the process easier. Here are some essential elements to include in your surrogacy contract checklist:

1. Clear expectations and obligations. A successful surrogacy arrangement will require clear and concise expectations and obligations from both parties. Make sure your surrogacy contract outlines exactly what each party’s role will be throughout the pregnancy and delivery process.

2. Compensation. The surrogate mother should be fairly compensated for her time and expenses, but the compensation should be reasonable and in compliance with the laws governing surrogacy in the state where the surrogate resides. The surrogacy contract should specify exactly what expenses the intended parent will cover, such as medical expenses, legal fees, and any other expenses incurred throughout the pregnancy and delivery process.

3. Medical procedures and decisions. The surrogacy contract should outline all medical procedures and decisions related to the pregnancy and delivery process. This includes issues such as the use of fertility drugs, prenatal care, and delivery method.

4. Termination of the pregnancy. Unforeseen circumstances may arise during a surrogacy arrangement that could lead to the termination of the pregnancy. The surrogacy contract should clearly outline under what circumstances termination may be considered and how the intended parents and surrogate mother would handle such a situation.

5. Legal responsibilities. The surrogacy contract should outline the legal responsibilities of both the intended parents and the surrogate mother. This includes issues such as parental rights, custody, and the establishment of legal guardianship of the child.

6. Communication. Communication is key to a successful surrogacy arrangement. The surrogacy contract should include a clear outline of how the intended parents and surrogate mother will communicate throughout the pregnancy and delivery process.

7. Confidentiality. Surrogacy is a private matter, and both the intended parents and the surrogate mother may wish to keep the arrangement confidential. The surrogacy contract should include a confidentiality clause that outlines how the parties will handle any confidential information.

Creating a comprehensive surrogacy contract checklist is an important step for intended parents embarking on a surrogacy journey. By including all the important elements in the surrogacy contract, intended parents can ensure a smooth and successful surrogacy arrangement. It is also important to work with an experienced surrogacy attorney to navigate the legal complexities of surrogacy and ensure that the surrogacy contract is compliant with all applicable laws and regulations.