Surrogacy is becoming increasingly common for people in New York who want to have a child. The intended parents and the surrogate can enjoy mutual benefits. For the parents, a successful surrogacy will give them the child they want. The surrogate parent can receive compensation for it and be pleased to know they are helping others.
Still, despite the positives, legal disagreements can arise. It is imperative that the parties understand their obligations once they have entered into a surrogacy contract. One issue that can be problematic is the intended parents not living up to the agreement. According to the law, they must follow certain requirements. When signing the agreement or during a dispute during or after the pregnancy, the parents and the surrogate should understand this.
Surrogacy sets rules for intended parents
If the intended parent is unhappy with an outcome from the birth, they must still care for the child. For example, in some cases, the parents were expecting a female. If the child is born male, they will still need to follow the terms for the agreement and accept custody. The same is true if there are multiple births or the child is born with a mental of physical condition the parents did not anticipate. They are legally obligated to provide support for the child.
The agreement should spell out these rights and obligations. The intended parents must also write and execute a will before the embryo is transferred to the surrogate. The agreement should also state the name of a guardian in case something happens to the parents after the surrogate begins the process of carrying the child.
In addition, the intended parents must pay for services the surrogate needs. That might include counseling if the surrogate is confronted by issues related to it. If they need emotional or mental assistance, the intended parents need to cover it. Also, the parents must pay for a disability insurance policy if the surrogate requests one with the surrogate selecting the beneficiary.
Adhering to the law can avoid troublesome disputes with surrogacy
The legality of gestational surrogacy is relatively recent in New York State. Now that people are able to enter into agreements regarding this process, it is easier to resolve disputes. Regardless, the surrogate and the intended parents must still be fully aware of their rights and obligations. When crafting the contract or navigating disagreements after the birth, having specialized advice can be helpful in finding effective solutions.