Carefully drafting a surrogacy contract is an important part of the surrogacy process. For that reason, prospective parents and surrogates should know what to include in a surrogacy contract to ensure the parties to the contract are protected.
There are several important pieces of information to include in a surrogacy contract including:
- The names of the prospective parents and surrogate;
- Statement that the parties are of legal age to contract which is usually over 18 years old;
- Statement that the prospective mother is unable to sustain a pregnancy;
- Statement that the surrogate agrees to submit to physical and psychological exams;
- Details of the surrogate’s health insurance coverage and that she agrees to keep in during the pregnancy;
- Agreement of the prospective father, mother and surrogate to assisted reproductive technology procedures and placement of fertilized embryo(s) in the uterus of the surrogate;
- Agreement to the maximum number of attempts to achieve a pregnancy;
- Agreement the surrogate will not engage in intercourse during the attempts to achieve a pregnancy;
- Agreement the surrogate will not terminate any pregnancy unless her own life is at risk;
- Agreement the surrogate to refrain from smoking, drinking and using illicit drugs during the pregnancy;
- Agreement regarding the diet of the surrogate during the pregnancy;
- Agreement that the surrogate will obtain regular prenatal medical care with or without the prospective parents in attendance;
- Agreement that surrogate will submit to any medical testing requested by the prospective parents;
- Agreement regarding any restrictions on activities of the surrogate during the pregnancy;
- Agreement as to whether or not the prospective parents will be present for the birth of the child;
- Agreement by the surrogate to the termination of her parental rights when the child is born;
- Agreement that the surrogate and her husband, if any, will not have a claim to physical or legal custody of any child born as a result of the surrogacy;
- Agreement that it is in the child’s best interest to be raised by the prospective parents; and
- Agreement regarding the financial terms of the agreement including compensation if the pregnancy does not proceed to term.
In addition, there are several legal formalities that should be included in the contract. Surrogacy law can help protect all of the parties to the contract so that they can the prospective parents can start a family and rest easy that all the legal requirements have been met.