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How surrogacy contracts protect intended parents

On Behalf of | Dec 14, 2023 | Surrogacy

A surrogacy contract is a legally binding agreement between the intended parents and a surrogate mother. It outlines the terms, conditions, rights and responsibilities of all parties involved in the surrogacy arrangement. 

Surrogacy contracts safeguard the interests of intended parents and are essential tools in navigating the complexities of surrogacy. 

Clearly defined roles and responsibilities

A surrogacy contract meticulously outlines the roles and responsibilities of all parties involved. It defines the rights and obligations of the intended parents, the surrogate, and, if applicable, the egg or sperm donors. This clarity ensures everyone understands their role, minimizing potential misunderstandings or conflicts down the line.

Establishing parental rights

Since surrogacy involves third parties in the reproductive process, a primary concern for parents pursuing surrogacy is securing their parental rights. Surrogacy contracts play a crucial role in solidifying these rights from the onset. They specify the intended parents’ status as legal parents immediately upon the child’s birth and ensure a smooth transition of parental rights.

Financial protections and agreements

Financial aspects in surrogacy contracts are pivotal. These contracts detail financial arrangements, covering expenses related to the surrogate’s healthcare, legal fees, compensation and other pertinent costs. As such, the intended parents are shielded from unexpected financial burdens while ensuring transparency in the financial aspect of the surrogacy process.

Agreements on medical and health-related decisions

Surrogacy contracts also outline medical and health-related decisions. They include specifics on prenatal care, medical procedures and other health-related aspects during the pregnancy. Intended parents are often involved in decisions regarding the surrogate’s prenatal care, ensuring the well-being of both the surrogate and the unborn child.

For parents embarking on a surrogacy journey, the importance of legal guidance when drafting a surrogacy contract cannot be overstated. It can help guide them through the process, ensuring adherence to legal requirements and the enforceability of the contract. Having qualified assistance also provides an additional layer of protection, safeguarding the interests of the intended parents and ensuring a smooth surrogacy journey.