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Talmud Law The Law Offices of Rebecca J. Talmud

What are the essential elements of a surrogacy contract?

On Behalf of | Dec 22, 2022 | Firm News

Many couples in New York want to have children and grow their families. For various reasons, they may need assistance in having children of their own. They may have options through adoption, but some parents may want to have their own biological child.

One option for couples is to use a surrogate to carry the baby to term. As one can imagine, this is a complicated process — and not just medically. There are also legal complications.
The person who is carrying the baby is not going to be the parent. They are hired to simply carry the baby to birth, and this raises many issues.

Essential elements of a surrogacy contract

That is why it is important for parents to have a well-written surrogacy contract before starting the process. These surrogacy contracts should state what will happen in case a conflict arises later. Some of the essential elements of a surrogacy contract are:

  • The compensation for the surrogate, which can include contingencies such as if they have to go on bedrest or have other procedures during the pregnancy
  • State the risks of the pregnancy and who is liable for what
  • The surrogate’s responsibilities to care for herself during the pregnancy
  • Agreements on what will happen if termination of the pregnancy is necessary
  • Who can come to medical appointments and at the birth

As with any other service, prospective parents should have well-written contracts so that everyone knows their responsibilities and obligations. However, surrogacy is a special and unique service. The contracts need to be specifically tailored to the issues that can arise during pregnancies.

Experienced attorneys understand what needs to be stated in a surrogacy contract and may be a useful resource.