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A surrogacy contract guides a couple through a surrogacy process defining each party's rights and responsibilities before, during, and after the pregnancy. The contract also helps limit miscommunication and disputes to protect everyone involved in the process.
What Is Surrogacy?
Surrogacy is a process that involves an agreement supported by a legal contract whereby a woman agrees to deliver a child for another individual or parents. It is a method of assisted reproduction during which the parents work with a surrogate who will carry and care for the child until birth.
Most intended parents use surrogacy to grow or start families when they cannot do it independently. However, how to outline the terms and conditions of surrogacy? The best resort here is a legal contract.
What Is A Surrogacy Contract?
The surrogacy contract is a legal agreement that includes the terms and conditions decided between the intended parents and the surrogate mother. The contract helps secure the rights of all parties while ensuring there is no dispute or discrepancy before, during, or after the pregnancy period. The surrogacy contract lays out the entire process and provides an overview of the actions of all parties.
What Is the Process of Negotiating a Surrogacy Contract?
The surrogacy agreement is a collaborative effort, and all the parties, including their respective attorneys, must contribute to the terms. The intended parents work with their attorney to draft the initial agreement, which is then sent to the surrogate for review. The surrogate will consult her attorney to ensure her requests and interests are represented. The latter will make the required changes to the agreement and send it back to the intended parents and their attorney. The process continues with the two attorneys negotiating the contract until both parties are satisfied with its terms and conditions.
They can sign the contract and move forward with the medical procedures once done with the negotiations. The parents and the surrogate should have their respective attorneys negotiate the contract before signing it. The attorneys act as each party's ally and represent their interests to ensure a fair and balanced surrogacy contract. Both parties must sign the surrogacy contract before beginning any medical procedure.
What Factors Are Covered in a Surrogacy Contract?
The surrogacy contract may vary according to state and federal laws and individual preferences and circumstances. However, most surrogacy contracts cover the following factors:
- Finances that include the surrogate's base compensation and additional expenses for invasive procedures, going for bedrest, carrying multiple children, etc.
- The risks and liabilities associated with the surrogate's pregnancy.
- The surrogate mother's health-related responsibilities so that she can take care of herself and the child.
- An agreement addressing sensitive issues, such as termination and selective reduction.
- The individuals who will be present during the prenatal appointments and childbirth.
What Are the Prerequisites that Must be Addressed in the Surrogacy Contract?
The surrogacy contract is extensive and addresses the following prerequisites and other topics:
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Governing Law and Dispute Resolution
The surrogacy contract indicates which state law will govern the entire arrangement and the location where the court action will take place in case of a dispute. A few contracts also include alternative dispute resolution provisions that parties can mediate before seeking court action.
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Legal Counsel
The contract also indicates that both parties must have separate qualified legal counsels who will review and understand the terms and negotiate changes if necessary.
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Medical Support and Group Counseling
The surrogacy contract includes medical health counseling for all parties made available throughout the agreement process.
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Conception
The contract includes obligations, such as the number of attempts the parties will make for pregnancy, the surrogacy tenure, the embryo type, and other medical requirements.
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Medical Instructions
The surrogate mother agrees to a few reasonable restrictions mentioned in the contract on her nutrition, travel, and other activities. Medical instructions are added to the surrogacy contract to ensure a safe and healthy pregnancy.
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Parental Rights
The contract will specify how to address parental rights, including how the intended parents will be established as the child's legal guardians and when the surrogate mother will be relieved of all roles and responsibilities related to the child.
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Custody
The surrogate contract ensures that the intended parents get immediate custody of the child upon birth. The legal document often has a pre-birth order to resolve everything instantly after the child's birth.
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Divorce, Separation, or Marriage
The contract also addresses what happens if any parties intend to get separated or divorced.
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Child's Name and Birth Certificate
The surrogacy contract includes a section that deals with the medical procedures and ensures that the intended parents get listed on the child's birth certificate.
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Payment of Expenses
The contract also includes the payment details to ensure zero discrepancies in the surrogacy process. However, state laws may vary regarding the amounts paid to surrogate mothers.
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Breach of Agreement
The surrogacy contract defines what constitutes a material or a non-material breach by either of the parties and specifies the remedies for the non-abiding party. The same section also includes the notice and cure provisions related to the breach of the agreement.
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Miscarriage, Stillbirth, or Death of the Child
The contract also includes provisions on the next steps both parties must take in case of a miscarriage, stillbirth, or death of the child. It is often left to the surrogate mother whether she wants to make another attempt in pregnancy or leave the agreement.
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Key Terms Related to a Surrogacy Contract
Surrogacy is a lengthy process, and the contract includes multiple extensions related to the terms and conditions decided by both parties.
- Surrogate or Carrier Mother: A woman carrying the child for the intended parents who cannot have one of their own.
- Gestational Surrogacy (GS): A pregnancy type in which the surrogate mother is not related to the baby.
- Traditional Surrogacy: A pregnancy type in which the surrogate mother is related to the baby.
- Intended Parent (IP): Individuals who become the legal parents of the child born through surrogacy.
- Intended Mother (IM): A mother who will become the legal parent of the child born through surrogacy.
- Intended Father (IF): A father who will become the legal parent of the child born through surrogacy.
- Egg Donor: A woman who donates her eggs for assisted reproduction through IVF.
Conclusion
A surrogacy contract is an important legal document that helps outline the terms and conditions for the intended parents and the surrogate mother ahead of childbirth. The extensive document is of utmost importance for both parties, so it is advisable to seek legal help in drafting it. If you want to draft or review your surrogacy contract, contact Contracts Counsel now. You can state your requirements in a project and post it on the official website to get professional help.
Meet some of our Surrogacy Contract Lawyers
Donya G.
I am a licensed and active NY and CT Contracts Attorney, with over 20 years of diverse legal and business experience. I specialize in reviewing, drafting and negotiating commercial agreements. My practice focuses on working with small business clients as well as clients from international brokerage firms on acquisitions, especially in the Ecommerce space; drafting, negotiating, reviewing and advising on business agreements; ; breach of contract issues, contract disputes and arbitration. I am licensed to practice in New York and Connecticut, and am a FINRA and NCDS Arbitrator. My experience includes serving as General Counsel to small businesses. This entails reviewing, updating and drafting contracts such as employments agreements, asset purchase agreements, master services agreements, operating agreements and a variety of business and commercial contracts. Additionally, I assist clients with business strategies, contract disputes and arbitration. My diverse experience allows me to give my clients a well-rounded approach to the issues they face. I have been at top AML law firms; a Vice President at an Investment Bank, a Civil Court Arbitrator presiding over cases in contract law, commercial law, a Hearing Officer, presiding over cases and rendering written decisions, and a Judicial Clerk to a Civil Court Judge. It would be a privilege to assist you and your business with my services.
James M.
Reproductive law attorney focused on reviewing surrogacy contracts and sperm/egg/embryo donation contracts.
Daehoon P.
Advised startups and established corporations on a wide range of commercial and corporate matters, including VC funding, technology law, and M&A. Commercial and Corporate Matters • Advised companies on commercial and corporate matters and drafted corporate documents and commercial agreements—including but not limited to —Convertible Note, SAFE, Promissory Note, Terms and Conditions, SaaS Agreement, Employment Agreement, Contractor Agreement, Joint Venture Agreement, Stock Purchase Agreement, Asset Purchase Agreement, Shareholders Agreement, Partnership Agreement, Franchise Agreement, License Agreement, and Financing Agreement. • Drafted and revised internal regulations of joint venture companies (board of directors, employment, office organization, discretional duty, internal control, accounting, fund management, etc.) • Advised JVs on corporate structuring and other legal matters • Advised startups on VC funding Employment Matters • Drafted a wide range of employment agreements, including dental associate agreements, physician employment agreements, startup employment agreements, and executive employment agreements. • Advised clients on complex employment law matters and drafted employment agreements, dispute settlement agreements, and severance agreements. General Counsel • As outside general counsel, I advised startups on ICOs, securities law, business licenses, regulatory compliance, and other commercial and corporate matters. • Drafted or analyzed coin or token sale agreements for global ICOs. • Assisted clients with corporate formations, including filing incorporation documents and foreign corporation registrations, drafting operating and partnership agreements, and creating articles of incorporation and bylaws. Dispute Resolution • Conducted legal research, and document review, and drafted pleadings, motions, and other trial documents. • Advised the client on strategic approaches to discovery proceedings and settlement negotiation. • Advised clients on employment dispute settlements.
Robert Jay H.
My Legal career hasfocused on representing businesses (corporations and limited liability companies) as general outside counsel. In this capacity, I have drafted a broad range of legal documents as well as analyzed proposed agreements drafted by the other party's attorney to the agreement for the pupose of determining the risks to which my client would be exposed. I maintained the client's minute book if no one in-house was available for that task. Additionally, if rquested, I served as a general advisor to the client's executive offers and to its Board of Directors.
Linda M.
I am a seasoned corporate transactional attorney with over 20 years of combined outside and inside General Counsel experience. My experience includes helping companies of all sizes, including start-ups with general corporate matters and commercial transactions.
T. Phillip B.
Attorney creating plans and strategies to help individuals create, build, protect and pass on wealth.
August 5, 2021
Simon C.
Corporate counsel with years of in-house experience working with and reporting to board / executive-level and upper management, along with extensive regional / national law firm background in commercial transactions and contracts, complex commercial litigation, and employment matters. Skilled at executing corporate priorities, driving profitability by implementing goal-oriented processes to achieve revenue and productivity targets, and managing company litigation and outside counsel. Recognized for creating policies and practices to address ethical dilemmas and resolving misconduct.
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ContractsCounsel User
surrogacy
Location: Texas
Turnaround: Over a week
Service: Drafting
Doc Type: Surrogacy Contract
Number of Bids: 2
Bid Range: $750 - $995
ContractsCounsel User
Surrogacy contract
Location: Pennsylvania
Turnaround: Less than a week
Service: Drafting
Doc Type: Surrogacy Contract
Number of Bids: 2
Bid Range: $750 - $850
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