Contracts are critical in establishing the intended parents’ right to obtain legal custody of a child and the surrogate’s intention to release all parental rights and claim to that child.
The three legal contracts we often work with at Worldwide Surrogacy Specialists are for surrogacy, egg donation, and sperm donation.
We ensure that all surrogacy contracts clearly establish and protect the intended parents’ legal rights and state the specific intentions of both parties. In addition, we provide guidance and support in obtaining pre or post-birth orders that allow the intended parents to be recognized as the legal parents of the child.
Surrogacy contracts clearly outline:
- The intended parents
- The surrogate mother
- The surrogate’s spouse (if applicable)
- How the embryos will be created (with egg or sperm donation or with sperm and/or eggs of intended parents)
- Detailed compensation terms
Surrogacy agreements are explicitly written to cover all potential outcomes of pregnancy, such as if and when the pregnancy will be terminated or if there will be a selective reduction of fetuses.
All parties are required to have legal representation.
Egg Donation Contracts
When a client enters into a contract for egg donation, we will clearly outline the parties’ intentions, rights, and obligations, as well as the medical risks and legal consequences involved.
The egg donation contracts will also cover:
- Assisted reproductive procedure
- Psychological testing
- Physical examination
- Genetic testing
- The Egg Donor’s full and complete relinquishment and control of all eggs retrieved and the resulting embryos
Sperm Donation Contracts
When entering into a sperm donation contract, the intended parents will have all of the legal rights of parenthood and the sperm donor will not have parental rights or obligations provided the couple uses a donor through a medical clinic. If the couple does not go through medical procedures at a clinic, legal issues can arise even if the couple has a contract.
Since sperm and egg donations are covered by state law, the law of the state where the donation occurs must be analyzed for the legal safety of the parties.
It is important to address any and all expenses in a gestational contract between you and your surrogate and to discuss those costs with a professional advisor. This will give you a better understanding of what your expenses will be, whether they will be part of the surrogacy agreement, and/or if there will be separate agency/legal fees or medical expenses.
Compensation and fees will vary on a case by case basis, but there are some general costs that intended parents may have to cover in addition to surrogate compensation.
These costs may include (but are not limited to):
- Assisted reproductive technology and medical expenses
- IVF costs and associated medication costs
- Necessary medical procedures, including amniocentesis, C-section, and/or other invasive procedures
- Travel expenses
- Maternity clothing
- Childcare for the surrogate’s children or lost wages
- Insurance premiums and deductibles
- Medical co-pays
- Legal fees
- Agency fees
- Escrow management fees
To learn more about associated contract costs, please contact us for a free consultation.