If you are considering surrogacy, it is crucial to have a contract between yourself (the intended parents) and the surrogate. Even when both parties are agreeable, it’s a smart choice to have a contract so there are no misunderstandings about the expectations from both sides.
There are six areas that are essential to make the surrogacy journey as smooth as possible:
- Outline state laws: Make sure there is an overview of the surrogacy laws in the state where the baby will be delivered. It also should include an overview of the laws of where the intended parents live; if the intended parents and surrogate live in different states.
- Financial Obligations: This should outline how much the surrogate’s compensation will be and how often she is to be paid. In addition, it would list the escrow company’s name and spell out the terms of the escrow account.
- Medical Decisions: With any pregnancy, there are risks. Intended parents and the surrogate should be on the same page regarding medical decisions relating to the baby, the number of embryos transferred, how many transfers will take place if they are unsuccessful and whether the intended parents will attend appointments and the birth.
- Medical Bills: Some surrogates have health insurance that can be used to cover maternity costs. Other times intended parents purchase insurance for the surrogate. The contract should outline how these bills will be handled.
- Time and Travel: The contract would say what restrictions the surrogate has when traveling when pregnant.
- Privacy: The contract should outline how the HIPPA medical privacy act is briefed. It’s also a great idea to spell out the expectations of privacy and how much information both sides can share about the journey.
Every contract should be reviewed by an attorney well-versed in surrogacy laws to make sure, and everything is lined out according to your particular state laws.