GESTATIONAL SURROGACY CONTRACTS: Important Considerations
Surrogacy is a wonderful, in many ways magical, event. That said, we also should not forget it is a legal arrangement. The more clearly the specifics, the expectations, and the obligations of all parties are spelled-out up front, the less chance there will be disappointments or disagreements at any point in the journey. Setting everyone’s expectations from the start is critical to having a smooth and joyful journey together.
Defining the Relationship Between Surrogates and Intended Parents
Gestational Surrogacy Contracts/Agreements (GSA) are critical to any surrogacy arrangement. They set out all expected duties, decision-making, fees and expenses, and define the precise legal terms between a surrogate and the intended parent(s).
As an attorney working in the field of surrogacy for many years, I believe that entering into such agreements should never be adversarial. The gestational surrogacy arrangement is a voluntary and consensual one; all parties to any surrogacy are “in it together,” with a common goal and a lot of mutual goodwill and respect. Find out how we can help.
Parental Rights and More
On the most basic level, if you are the intended parent, the GSA ensures and defines your parental rights. If you are the surrogate, the GSA spells out your entitlement to things such as medical costs, fees and expenses.
Essential Gestational Surrogacy Agreement Provisions
If properly prepared and negotiated, the GSA should be a roadmap for the entire surrogacy process that all parties may rely on.
Any Gestational Surrogacy Agreement should include provisions around such important issues and topics as:
Expenses. Nothing should come out of the surrogate’s pocket. The GSA should detail all monetary responsibilities of the intended parents, and exactly how the surrogate will receive any expenses and fees.
Pregnancy. What happens in the event of multiples? What is everyone’s view on termination or selective reduction? Who’s going to make certain decisions? And at what point?
Contingencies. What is the plan if the pregnancy becomes a high-risk one? What if the parents cannot attend the birth?
Birth. Where will it take place? Who has legal custody at birth?
Other stipulations. What medical history and/or personal information is the surrogate being asked to provide, and when? What is the agreed-upon contact between surrogate and intended parents throughout the pregnancy? Who’s planning to be present in the delivery room?
In drawing up a GSA, open and honest sharing by all parties regarding their needs and wishes from the start is key.
Clear Legal Arrangements
Working with ARTparenting in creating a GSA, you can be confident that your considerations will be listened to and addressed with care and expertise, and that the result will be a formalized, legal surrogacy arrangement in which everything is clear to all parties. Everyone involved can then move forward with confidence in what should be a wonderful and rewarding journey!