Surrogacy is a growing alternative to starting a family the traditional way. When couples seek surrogacy to start their family, they often find the journey much more complex than expected. There are many issues that can arise, such as legal battles and unrealistic expectations from parents and surrogates.
To protect the rights of both parents and the surrogate, it can help to implement a surrogacy contract. A surrogacy contract can outline the terms of the surrogacy to help ensure everything runs smoothly. Here are a few terms to outline in a surrogacy contract:
1. Roles and responsibilities of parents and the surrogate
The contract should define the roles of the intended parents and the surrogate. Furthermore, there may be responsibilities expected from both parents and the surrogate, such as frequent communication and travel arrangements.
2. Compensation and expected expenses
Surrogates often expect compensation for their service. The contract can not only outline payment for carrying a child but also expenses for medical costs, travel expenses, lost wages and other pregnancy-related expenses.
3. Medical and psychological screening of the surrogate
The intended parents may want the surrogate to undergo medical and psychological evaluations. Having this term in a contract can increase the odds of a healthy child and help ensure a surrogate is emotionally prepared to carry the child and undergo medical procedures.
4. Parental rights and custody
The surrogacy contract can outline the custody rights of the intended parents and how these rights are established. This helps ensure the intended parents do not face legal issues after the surrogate gives birth.
5. Dispute resolution
In some cases, the intended parents and the surrogate may face conflicts, such as custody issues or compensation issues. These conflicts could lead to lengthy legal battles. A surrogacy contract could outline how a dispute would be resolved.
Professional legal guidance can help establish a surrogacy contract to protect parents and surrogates.