Drafting a surrogacy contract is a tricky issue, and only experienced lawyers should try such a task. However, your lawyer will need your input to create an agreement that meets your wishes. Below is a checklist of items to help you think about the terms you want to include in your surrogacy agreement, whether you are the surrogate mother or the couple using the services of a surrogate mother. It is important to note that the couple and the surrogate will need separate and independent legal counsel to ensure that their best interests are protected and avoid a potential conflict of interest. Surrogacy contracts are legal written agreements between the intended parents and the surrogate mother that establish the rights and obligations of both parties. These documents serve as a basis for determining the parental rights of intended parents. A thorough and well-thought-out agreement ensures that intended parents have adequate legal protection during assisted reproduction and that the surrogate`s parental rights are terminated at the right time. It`s important to choose an experienced fertility lawyer to ensure your contracts capture all the complexities, risks, and responsibilities of the process. Falletta & Klein ensures that all our surrogacy contracts comply with local laws and are tailored to the needs of each case. We also believe that everyone deserves a family, so we will defend your rights in accordance with the specific laws of your state. Intended parents who use the services of a gestational carrier must obtain a court order establishing the child`s legal ancestry.
The order directs the hospital where the child was born and/or the relevant state department of civil registries to place the names of the intended parents on the child`s birth certificate provided by the gestational carrier. The process of obtaining a birth order should begin as soon as a gestational carrier has completed the first trimester of pregnancy. This is to ensure that there is enough time to receive a birth order before the child is born. If the intended parents do not receive an order, in most cases one or both intended parents must adopt their child. Even in the absence of a prescription, the name of the gestational carrier may be indicated on the birth certificate as the parent of the child at birth. The insurance policy of intended parents, as well as pregnancy carriers, should be revised so that coverage can be assessed and no one holds medical bills that they cannot afford and/or have not planned. It is also recommended to use the services of an escrow agent so that expenses and fees can be paid directly by a third party. This maintains the relationship between the intended parents and the gestational carrier on the wonderful journey they undertake together, not on money.
But there is so much more to being a gestational carrier. Most pregnancy carriers love to be pregnant and feel that they contribute to the life and happiness of future parents in a unique and special way. Gestational carriers often form a lifelong bond with the family they helped create, and the rewards of the experience can be felt by the gestational carrier and her family for years to come. For couples struggling with infertility or other pregnancy-related issues, surrogacy offers the hope of parenthood. However, as with most agreements in society, especially those with implications of such scope, it is important that everyone understands their legal and contractual obligations before moving forward. Because there can be so many issues in a surrogacy contract, it`s imperative to speak to an experienced family law lawyer before signing the dotted line. What does it mean to be a gestational carrier? Well, medically speaking, a gestational carrier implanted embryos into her uterus that were fertilized outside her body with the egg and sperm of the intended parents or one or more donors selected by the intended parents. The gestational carrier is not genetically related to the child. In most cases, intended parents compensate the gestational carrier for the service they provide and pay the cost of pregnancy. Surrogacy contracts should include the following key elements: Advising a lawyer who has particular experience in drafting surrogacy contracts is crucial to ensure a smooth transition to the birth of the baby.
At Falletta & Klein, our surrogacy contracts are tailored to your specific situation. Companies less familiar with the surrogacy process will rely on a common model-based language, which is vague and can cause problems later on. Our extensive experience in the niche field of fertility allows us to anticipate risks and complexities that other companies cannot anticipate to ensure that your surrogacy agreement fully protects your family`s rights. Pregnancy carriers offer an invaluable gift to a future parent who has worked hard and suffered tremendously to start his own family. With that in mind, how can we protect everyone in this type of arrangement? First of all, the parties must conclude a pregnancy carrier contract. A pregnancy carrier contract is an agreement between the intended parents and a gestational carrier and her partner/spouse, if any. These contracts may or may not be offset and are intended to describe in detail the rights, obligations, intentions and expectations of the parties under their agreement. The contract deals with issues such as parental rights, custody issues, place of transfer, future contacts between the parties and insurance (health and life).
In addition, the contract covers issues such as the control of medical decisions during pregnancy, the payment of medical bills, liability for medical complications, the availability of medical history and personal medical information about the gestational carrier, and the presence of intended parents during doctor visits and childbirth. Financial considerations such as compensation and expenses of the pregnancy insurer, including loss of salary, legal fees, childcare and maternity clothing, are also covered by the contract. Using a standard contract can compromise your ability to secure your parental rights after the baby is born. Most model contracts published online should only be used for reference. .