Surrogacy Contracts – The Basics

When properly drafted and executed, contracts serve as legally enforceable agreements that protect the interests of the parties involved and articulate clear expectations and remedies for the arrangement in question. Surrogacy contracts are like any other contracts in these respects. They allow prospective parents and gestational or traditional surrogates to set legally-enforceable expectations for their arrangements that protect the interests of all involved. 

With that said, drawing up a surrogacy contract properly in one jurisdiction (say, Utah) is going to look different than the process of drawing up a surrogacy contract properly in an alternative jurisdiction (say, New York). As a result, it is important for both prospective parents and surrogates to speak with attorneys experienced in the nuances of family formation law before making any assumptions about what their surrogacy contract will “look like.”

Terms Will Vary by Jurisdiction 

State law governs most aspects of surrogacy contracts. Therefore, certain terms will vary based upon where you choose to draw up your contract. However, some general concepts governed by surrogacy contracts are the same “across the board” in the U.S., even if the language associated with these concepts varies by state. For example, no payment can be made for any child born of surrogacy. But, surrogates can (and generally should) be reimbursed for the service they provide in carrying any child in question. The structure of this reimbursement – and the amount of reimbursement required/allowed – will vary by state. Our legal team can explain how your state’s laws will affect the structure and terms of any agreement that you may enter. 

Considerations Addressed

Surrogacy contracts may govern many aspects of both the social and legal arrangements traditionally associated with surrogacy. Commonly, these agreements address how surrogate mothers will be reimbursed for their services, how the prospective parents will go about asserting their parental rights once any child born via the surrogacy process has arrived, how medical costs will be addressed, and what – if any – restrictions will be placed on the surrogate mother’s daily approach to her life in advance of becoming pregnant and once she becomes pregnant. The agreement may also detail whether the prospective parents and the surrogate will have any contact once their arrangement is terminated, and any other expectations that anyone involved sees fit to address in a legally-enforceable way. 

Legal Assistance Is Available

If you are interested in learning more about what the surrogacy contract process consists of, please connect with the reputable Nevada legal team at Contemporary Legal Solutions today. Our legal counsel has extensive experience with both gestational and traditional surrogacy legal contracts, as well as alternative assisted reproduction and family formation contracts. It is critical – for all involved – that surrogacy contracts are drawn up in legally enforceable ways that set clear expectations and that protect the rights of each party. Before making any assumptions about how your surrogacy contract should/will be constructed, please seek experienced legal guidance. Doing so will empower you throughout the process to make whatever informed decisions are best for you and your family at this time. We look forward to speaking with you.