Key Clauses to Include in A Surrogacy Agreement
Surrogacy is a beautiful journey that allows individuals and couples to grow their families with the help of a gestational carrier. However, because of the emotional, legal, and financial complexities involved, it is essential to have a well-drafted surrogacy contract that protects both the intended parents and the surrogate. A properly structured surrogacy agreement ensures clarity, defines expectations, and helps mitigate potential disputes. Below, we explore the key clauses that should be included in every surrogacy contract.
Identifications of the Parties
The contract should clearly outline the names and roles of all involved parties, including the intended parents and the surrogate. If an agency is facilitating the process, their role and responsibilities should also be documented.
Intent and Parental Rights
For those receiving an embryo, ethical considerations include their right to raise the child without any legal disputes over parentage. Intended parents must be assured that once an embryo is transferred, they have full legal rights and responsibilities over the resulting child. Ensuring this protection requires clear legal agreements that outline parental rights and establish the donor’s relinquishment of any claim to the child.
Compensation and Financial Arrangements
If the surrogate is receiving compensation, the contract should specify the total amount, payment schedule, and reimbursement for medical, legal, and pregnancy-related expenses. This ensures transparency and prevents misunderstandings later on.
Ethical Dilemmas in Compensation and Commercialization
Embryo donation is generally considered an altruistic act, meaning that it is done for the good of the embryo, and not for financially motivated reason. In fact, many countries prohibit financial compensation beyond the reimbursement of reasonable expenses. However, ethical concerns arise when the process becomes commercialized, as some worry that financial incentives could exploit vulnerable donors or commodify human life.
Medical Procedures and Decision-Making
A surrogacy agreement must include provisions on medical procedures, such as embryo transfer and prenatal care requirements. It should also establish who has decision-making authority regarding medical interventions and pregnancy-related health concerns.
Health and Insurance Coverage
To protect all parties, the contract should address health insurance coverage for the surrogate, ensuring that any medical expenses related to the pregnancy are covered. If additional insurance is necessary, the contract should specify who will obtain and pay for it.
Risks and Liability
Surrogacy carries medical and emotional risks, so the agreement should outline the responsibilities of each party in case of complications, loss of pregnancy, or health issues that may arise. It should also include liability waivers to prevent legal disputes over unforeseen circumstances.
Termination and Breach of Contract
It is important to have clear guidelines on what happens if either party breaches the contract or if the pregnancy must be terminated due to medical reasons. Having predefined terms on dispute resolution, mediation, or legal action can help resolve conflicts smoothly.
Confidentiality and Privacy
Given the sensitive nature of surrogacy, confidentiality clauses should be included to protect the privacy of all parties involved. This prevents unauthorized disclosure of personal and medical information.
Post-Birth Expectations
The contract should define post-birth responsibilities, such as the surrogate’s role (if any) after delivery, hospital procedures, and custody transfer protocols. This ensures a smooth transition for the intended parents and the baby.
Legal Compliance
Since surrogacy laws vary by state and country, the contract should be reviewed by legal professionals to ensure it complies with all applicable laws. Working with an experienced surrogacy attorney can help prevent legal challenges down the road.
The Importance of Professional Guidance
A well-drafted surrogacy contract is essential for protecting both intended parents and surrogates throughout the journey. It provides legal security, establishes expectations, and helps build a smooth and positive surrogacy experience. If you are considering surrogacy, consult with a qualified surrogacy attorney to ensure your rights and interests are safeguarded.
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