There is a strong sense of relief felt by both a surrogate and intended parents once a gestational surrogacy match has been made. Connecting with a gestational surrogate or intended parent is the first glimmer of hope along this heartwarming path. While the desire exists to establish trust between both parties, surrogacy is a mutual journey that must be treated as such. Certain sensitive topics may have been mentioned during an early conversation, however the specific details of the surrogacy agreement need to be addressed with each parties’ attorney. The result is the legally binding surrogacy contract.
What Does the Surrogacy Contract Include?
Because each gestational surrogacy is its own unique experience, surrogacy contracts may differ from case to case. All include sections that specify the agreed upon terms regarding: payment, insurance details, medical proceedings, the gestational surrogate’s responsibilities, the intended parent’s responsibilities and legal parentage.
Payment
Surrogacy contracts specify the compensation to be paid to the gestational surrogate. It will also list the schedule of payments, and the amount to be paid at each installment. Payment includes the surrogate’s base compensation, which is the agreed to amount for the gestational surrogacy, as well as any additional fees that may be requested. Additional costs may include maternity clothing, costs for childcare and/or housekeeping, additional compensation for multiples, invasive procedure fees, monthly expense fee, etc.
Insurance
Included in the surrogacy contract will be the specific details about the gestational surrogate’s insurance during the pregnancy. Not all insurance companies will cover expenses for a gestational carrier and not all gestational surrogates are insured. In some contracts the intended parents will pay for an agreed to insurance plan for the gestational surrogate for the duration of the journey.
Medical Proceedings
The surrogacy contract will include sections about medical procedures during the pregnancy. Procedures may include the number of embryo transfers both parties are willing to try, how many embryos are to be transferred at one time, and any agreed to terms regarding selective reduction.
Gestational Surrogate Responsibilities
Throughout the surrogacy, the gestational carrier will be responsible for disclosing the surrogacy to all involved medical professionals. She must abstain from intercourse with her spouse at certain times, abstain from any alcohol or other harmful substances, and follow the IVF physician and/or obstetrician’s recommendations during the pregnancy. These, and any other responsibilities of the gestational carrier will be included in the surrogacy contract.
Legal Parentage
Sections in the contract are designed to ensure the legal parentage of the intended parents. There is even appointment of guardianship in the event that the intended parents become deceased prior to the birth. The surrogacy contract stipulates that the gestational surrogate and her spouse acknowledge they have no parental rights to the child.
Design a Contract that Works for You
Considering that a surrogacy contract can be approximately 35 – 40 pages in length, the above mentioned topics serve only as a brief and general description of what commonly is included. It is important that both parties work with their attorneys to generate the best surrogacy contract for everyone involved.
