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How Are Intended Parents Protected in a Surrogacy Contract?

At Dempsey Law, we are committed to providing the support you need to proceed with surrogacy. Contact us to learn how we can assist you during your surrogacy journey.

March 7, 2023

A surrogacy contract guides involved parties through the surrogacy journey, outlining each individual's responsibilities, roles, and rights before, during, and after pregnancy. Since surrogacy involves a third party, getting a legal contract to protect the intended parents' rights is essential.

Understanding Surrogacy Contracts

A surrogacy contract is a legal document bearing the details of an agreement between a surrogate and the intended parents. The document specifies the obligations and rights of both parties. Another essential aspect of the contract is that it offers the intended parent protection rights, ensuring the surrogate does not claim custody after childbirth. Legal agreements are established before the embryo transfer process, ensuring the surrogates do not claim parental rights.

What Elements are Included in a Surrogacy Contract?

While each agreement is different and requires personalized contracts, several elements must be covered in a surrogacy contract. General requirements include establishing each party's rights, intent, and obligations and creating an escrow account that the intended parents provide to compensate the surrogate. In addition, the document should establish communication guidelines for the intended parent and the surrogate throughout the pregnancy.

Other important details include the following:

  • How involved the intended parents should be when it comes to making the child's medical decisions
  • An agreement on how the surrogate should conduct themselves during the pregnancy
  • Specific remedies for possible liabilities, risks, and conflicts during the process

These details will help the intended parents safeguard their parental rights, allowing them to be more involved during the pregnancy. Besides, it will guide the parties to achieve a more favorable outcome if conflicts arise.

How a Family Law Attorney Can Help

While you can rely on a surrogacy agency, having a family law attorney by your side is essential to a successful surrogacy journey. The lawyer will:

  • Help you understand local Surrogacy Regulations: Surrogacy laws vary from state to state. Some states are surrogacy-friendly, while others have made the process more difficult. Consulting a family law attorney allows you to understand the state's regulations before you initiate the surrogacy process.
  • Ensure You Complete the Surrogacy Contract: A crucial role of a fertility attorney is to help intended parents and surrogates draft and finalize the contract. This must be completed before the medical process commences. Your family law attorney will address the surrogacy contract elements you cannot handle alone.
  • Ensure Parental Rights are Established From the Start: Although the surrogate parent is not genetically related to the child in most scenarios, they can only have rights to the baby with the proper legal procedures. Your family law attorney will take the appropriate steps to ensure that, as the intended parent, you reserve parental rights as early as possible.

Contact our Family Law Attorneys Today

At Dempsey Law, we are committed to providing the support you need to proceed with surrogacy. Contact us to learn how we can assist you during your surrogacy journey.

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