Surrogacy Agreement

Last updated: November 9, 2023

What Does Surrogacy Agreement Mean?

A surrogacy agreement is a written contract between the surrogate and the intended parent(s) seeking to use surrogacy to have a child. The legal document is necessary to ensure that each party understands and agrees to the conditions of the surrogacy process and the events which follow.

These agreements allow people to legally use surrogates in some areas and help people with different infertility issues as well as same-sex couples to expand their families. It outlines each party’s rights, roles, and responsibilities during the pregnancy and after. It helps to limit disputes and to ensure a smooth surrogacy process.

A surrogacy agreement is also called a surrogacy contract.

FertilitySmarts Explains Surrogacy Agreement

There are three main parts of a fertility agreement:

  1. The parties involved
  2. The compensation
  3. The parentage and custody

Surrogate agreements are prepared after the intended parents and prospective surrogate mutually agree to proceed. Each party should meet with their own designated attorney to discuss the conditions. The agreement is prepared in a draft form to be sent and reviewed by each party and to make changes if needed. Once all parties agree to the terms, it is signed, and copies will be sent to both parties, as well as the fertility clinic.

The surrogacy agreement is said to be one of the most important parts of the surrogacy process, and the success of the journey depends on having a detailed and customized contract. In many locations where surrogacy is legal, it is illegal to proceed without one, and it is also not advised to take them from an online source. Each contract should be customized to the parties, and it must also be in agreement with the laws of the state.

The agreement covers the risks and liabilities associated with pregnancies, who will be present at appointments and during the birth, and when the baby needs to be “handed over” to the intended parents. It also covers rare or unusual outcomes like the termination of the pregnancy if it is deemed necessary.


Surrogacy contract

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