One of the most important pieces of a surrogacy process is the surrogacy contract. This guides the entire journey through surrogacy, clearly outlining each party’s roles, responsibilities and rights. This is critical for outlining what will happen before, during and after the pregnancy. If you avoid putting together a contract, you could get in trouble as the contract is the only way to legally begin a relationship between a surrogte mother and parents.
There are many different reasons why you should engage an experienced surrogacy lawyer to discuss the drafting of such a document. It can help to minimize miscommunication and disputes, while protecting everyone involved in the surrogacy process. This includes the surrogate, the baby and the intended parents. The surrogacy agreement should be a collaborative effort that is reviewed by attorneys for each party involved. Intended parents usually will work with an attorney draft the first version of the contract. This is then sent to the surrogate as well as her attorney.
The attorney and the surrogate will verify that all of the requests and interests are thoroughly represented in this document and make any changes by sending it back. The two attorneys will then work together to negotiate such a contract until everyone involved is happy with the terms. Once the contract has been signed after everyone has reviewed it and verified that it is appropriate, then the intended parents and the surrogate officially move forward with their legal relationship and the medical procedures involved.
It is vital for each party to the surrogacy contract to have their own attorney involved in the review process. This is to avoid disputes down the road and to clarify any problems that may pop up with the validity of such a contract. The contract has to be signed as well as completed before any medical procedures are begun. All parties need to be protected during the medical process and this begins with a proper surrogacy contract.