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Surrogacy Agreement Negotiation: Key Terms, Process, Legal Aid

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What is Surrogacy Agreement Negotiation?

A surrogacy agreement is a legal contract between a surrogate and the intended parents of the child. It includes information covering various aspects of their arrangement, such as both parties’ rights and responsibilities.

It’s possible to negotiate aspects of your surrogacy agreement before signing it to have more favorable terms.

Read the rest of this article to explore what terms usually appear in a surrogacy agreement, how to negotiate it, and how a qualified lawyer can assist you with the negotiation process for best results.

What Key Terms are in a Surrogacy Agreement?

Before negotiating terms in a surrogacy agreement, it’s good to know what the most common terms are. These include:

  • Parental rights. It must be stated that the intended parents’ names will be on the baby’s birth certificate, effectively removing the surrogate’s rights to parenting the child.
  • Compensation. If the surrogacy agreement includes compensation, how much money will cover the surrogate’s expenses must be clearly defined.
  • Medical decisions. It must be clarified which party will make medical decisions, and include provisions for how to navigate medical issues that arise.
  • Communication and boundaries. The agreement should state how the intended parents and surrogate will communicate during and after the pregnancy. Relationship and communication boundaries must be established to govern their relationship.
  • Delivery plans. This section of the agreement explains where the surrogate will deliver the baby and provide information about the birth plan.
  • Insurance coverage. The surrogacy agreement must explain how health insurance is covered for the surrogate.

How is a Surrogacy Agreement Negotiated?

It’s common for a surrogacy agreement to be negotiated between both parties’ attorneys. In many U.S. states, it’s required for parties to have their own attorneys or separate counsel.

Here are some key aspects of the surrogacy arrangement that could be negotiated.

Transfers

Transfers in a surrogacy agreement refer to how many attempts to have a child will be made. This must be specified in the contract. You might want to negotiate this point and any conditions on the transfers so that all parties have clarity.

Travel

The parents might want to restrict travel for the surrogate, especially during the later stages of pregnancy. This point can open up the discussion regarding other restrictions that might be considered.

Medical Care

What medical care that the surrogate will receive must be clearly stipulated in the agreement. Parties might want to negotiate restrictions or expectations regarding the surrogate’s daily activities to ensure her and the baby’s wellbeing.

Communication

Both parties must specify what their communication expectations are so that they can find common ground. This is important to establish in the surrogacy agreement so that there’s no confusion over how much contact they will have throughout the pregnancy and after the birth.

Financials

The section on compensation must be clear for both parties. Consider what compensation is provided, such as if the surrogate miscarries and what medical expenses are covered for complications.

Birth Arrangements

The day of the birth is a huge event for both parties. You should discuss details of the birth plan, such as who will have hospital access during the delivery and what legal steps are required after birth to establish parentage. A lawyer can assist you with this.

How Does a Lawyer Help You with Surrogacy Agreement Negotiation?

A lawyer will assist you during surrogacy agreement negotiations in various ways to protect your rights and interests. Even if you reside in a state that doesn’t require a lawyer, legal representation is still advisable because surrogacy agreements can be complicated.

A lawyer can help you during surrogacy agreement negotiations by conducting activities such as:

  • Explaining both parties’ legal rights and obligations. They’ll ensure you know everything that’s expected of you as well as legal implications involved in the agreement.
  • Negotiating fair terms for both parties. Lawyers are skilled at negotiating with the other party, ensuring key provisions and terms are included for clarity.
  • Ensuring legal compliance. A lawyer knows how to draft and negotiate the surrogacy agreement so that it’s aligned with all surrogacy laws in your jurisdiction. This prevents a lack of legal validity.
  • Clarifying medical decisions. A lawyer will negotiate how decisions will be made, making provisions for unexpected situations such as pregnancy complications.
  • Protecting your interests. They’ll check that the surrogacy agreement defines payment terms properly, such as expenses, insurance obligations, and payment schedules to minimize your dispute risk.
  • Facilitating clear communication. If there are any negotiation disagreements, a lawyer will ensure that all terms in the agreement reflect both parties’ expectations and intentions.
  • Minimizing disputes. By drafting clear terms and negotiating any unfavorable ones, a lawyer helps you to nip misunderstandings in the bud before they escalate into costly disputes.

Where to Find a Lawyer for Surrogacy Agreement Negotiation

If you need to find and hire a lawyer to help you negotiate a surrogacy agreement, you should use an online legal platform that makes it easy to access qualified and reputable lawyers who have negotiation skills and experience.

ContractsCounsel is one of the largest online legal marketplaces where clients can find vetted, professional lawyers right away and from the comfort of your home. All lawyers on the platform are qualified, with the skills required to help you negotiate your agreement.

You can select the best lawyer for your legal requirements based on research provided by the platform, such as the lawyers’ experience, credentials, rates, and ratings for previous projects they’ve completed on the platform. This saves you time and money, helping you to streamline the lawyer search process.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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