Surrogacy provides an opportunity for couples with fertility challenges to have a child. In most surrogacy situations, the child has no biological relation to the surrogate, but to the intended parents. Drafting a surrogacy contract requires attention to detail to protect your interests and your unborn child.
There are five key things that intended parents should include in a surrogacy contract.
1. Terms for custody transfer and parental rights assignment
Secure your rights as the child’s legal parents with clear documentation of the custody transfer terms. Most contracts require that the hospital hand the baby to the intended parents upon delivery.
2. Access to prenatal visits and information
As the intended parents, attending the prenatal visits and ultrasound appointments provides you with an opportunity to connect with your growing baby. Include a clause to guarantee access to prenatal visits throughout the pregnancy.
3. Legal authority to make medical decisions about the baby
Protect your legal right to make medical decisions about your unborn baby should complications or questions arise.
4. Health-related responsibilities and expectations
Set clear expectations for the surrogate to take prenatal vitamins and any supplements prescribed during the pregnancy. Restrict any risky behaviors, including smoking, alcohol consumption and unsafe diet.
5. Confidentiality agreement
A confidentiality clause protects you, your family and the surrogate. Protect everyone’s interests, medically and otherwise, with a confidentiality clause.
Every surrogacy contract is unique. Include these important elements and review your situation with an attorney. Seeking legal support ensures that your surrogacy contract is enforceable and compliant with the state’s surrogacy laws.