Surrogacy contract

Here is another legal matter - surrogacy contract. It is another tedious process, especially when it involves two attorneys each representing intended parents and surrogate. It is a legal document specifying all terms including

• Parental rights

• Custody

• Location of delivery (important - state laws vary. Some states prohibit surrogacy and the laws apply to where the baby is delivered)

• Health insurance obligations

• Medical decisions during pregnancy: who will make them and how

• Payment of medical bills

• Financial considerations, such as the gestational surrogate's compensation and expenses, including lost wages, legal fees, child care, housekeeping, maternity clothes, and life insurance

• Issues related to early termination and selective reduction

Basically, everything foreseeable is in the contract. Prior to drafting the contract by our attorney, we have discussed most of the important issues and were in agreement. Right before the screening, we started working on the contract. It took about two months to finally get it all signed and notarized. Much of our time spent on going back and forth between attorneys and us. We could have it done in days without the attorneys but do consult an attorney specializing in surrogacy.

Here is the link to the directory from American Academy of Assisted Reproductive Technology and link to sample contract.