A surrogacy agreement is a legal document that outlines the rights, roles, and responsibilities of all parties involved in a surrogacy agreement. Whether you’re an intended parent or a surrogate, this agreement is crucial to ensuring the whole process is smooth, transparent, and legally sound.
A well-drafted surrogacy agreement also protects your interests, given that emotions and expectations often run high in such arrangements. Here’s what a comprehensive surrogacy agreement should cover.
Parental rights and obligations
A surrogacy agreement should clearly define the parties’ parental rights and obligations. It should specify the intended parents will be the legal parents of the child from the moment of birth, with the surrogate relinquishing any parental claims. This can go a long way in avoiding legal disputes and ensuring a smooth transition of parental rights.
Medical and health-related decisions
Who will make medical decisions related to the pregnancy, such as prenatal care, delivery, and medical interventions? What if there are unforeseen medical complications? A surrogacy agreement should define each party’s decision-making authority and how crucial decisions will be made.
Financial compensation and reimbursement
There are considerable costs involved in the surrogacy process, and a well-structured surrogacy agreement should outline the financial arrangements. How will the surrogate be compensated for their services? What expenses will be covered, and how will the payments be made? Establishing a clear payment schedule and outlining how and when payments will be made is essential for preventing misunderstandings and ensuring transparency.
Each party’s conduct
Including a section on the surrogate’s expected conduct during the pregnancy is crucial. This may cover lifestyle choices, such as diet, exercise, substance use, and how often they will communicate with the intended parents and share updates on the pregnancy. Similarly, it should define what is required of the intended parents to ensure everyone is on the same page regarding their responsibilities.
Other important provisions include dispute resolution guidelines, confidentiality agreements, and post-birth expectations – the list goes on and on.
It can be challenging to get everything right on your own due to the complexity and emotional significance of surrogacy agreements; even the slightest of mistakes can have far-reaching undesirable implications. Seeking qualified legal guidance to help draft a solid surrogacy agreement tailored to your situation or review the terms before putting pen to paper is in your best interests with so much at stake.