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14
Jun
2021

What Are Surrogacy Contracts?

June 14, 2021
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What Are Surrogacy Contracts?

What To Consider Before Signing One

Surrogacy is an increasingly popular way for a couple to have a child. The surrogacy process can be long and complicated, and there are many factors to consider. In this post, we’ll explore surrogacy contracts – documents that outline the agreement between the intended parents, their surrogate, and the medical team about the legal terms and conditions of the surrogacy. A surrogacy contract is a legally binding contract, so it’s important to understand what’s in it and how it will affect you. Usually, the contract includes the cost, how the intended parents will compensate their surrogate, what their surrogate is expected to do, and what will happen if the surrogacy becomes successful.

What Is a Surrogacy Contract?

Surrogacy contracts are drafted by surrogacy agency lawyers to establish the terms and conditions for intended parents to legally have a child through surrogacy. A surrogate is the person who has been assigned the role of carrying the child, and she and the intended parents typically do not meet until the contract is signed and the child is born. The surrogacy process involves both surrogacy agencies and fertility clinics. Surrogacy agencies are looking for women to be surrogates for their clients. They will contact surrogates and inquire about their availability to carry a child for a client.

Types Of Surrogacy Contracts

There are two main types of surrogacy contracts: medical and financial. The medical surrogacy contract states the medical terms and conditions of the surrogacy process. The financial surrogacy contract states the actual surrogate compensation. In addition, the financial surrogate contract usually addresses what the intended parents must pay and if they are permitted to retain a percentage of the income after the surrogate’s service. Surrogacy contracts must be notarized, meaning that they are legally binding documents. Notaries are people who have completed their legal education and have years of experience as notaries.

Who Is Covered by The Contract?

The intended parents must have a signed contract with their surrogate prior to the embryo transfer. The contract should cover not only the legal aspects of the surrogacy process, but also important social, emotional, and logistical questions. The contract should also include a statement about what will happen to the surrogate after she has given birth. In Ukraine, the surrogacy contracts should provide the medical team with the names of both the intended parents and their surrogate, and the surrogates should sign them and initial them. The intended parents should make notarized copies and give them to the medical team prior to IVF/embryo transfer.

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Who Can Enter into A Surrogacy Contract?

Surrogacy contracts are typically intended for intended parents who are unable to give birth on their own. Such people may not be able to have a child. They are also officially married couples who have had prior unsuccessful fertility treatments. Surrogacy contracts are also intended for intended parents who do want to have a child but are unable to have one through traditional means. If a surrogate doesn’t have any known health issues, such as infertility or a severe pre-existing medical condition, she can enter into a surrogacy contract.

Final Remarks

Surrogacy can have a life-changing impact on a couple or family in need. By fully understanding the surrogacy process and the components of the surrogacy contract, you can make the most informed decisions possible and ensure your surrogacy arrangement is beneficial to both you, as the intended parents, and your surrogate. It’s important to read the surrogacy contract carefully before signing it because you should be aware of the risks involved.

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