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Strict surrogacy contracts may help protect everyone

On Behalf of | Feb 15, 2021 | Surrogacy Law |

When California residents enter into surrogacy agreements, they need to do many things to ensure that everyone involved in the agreement walks away with exactly what he or she wanted out of the experience. Surrogacy allows people who have difficulty conceiving and carrying their own children the chance to work with surrogates who will carry their children for them.

When entering into these types of agreements, both parties need to protect their interests by understanding national laws/cases pertaining to fertility and surrogacy. The failure to do so could result in a situation in which an injured party ends up filing a lawsuit. Surrogacy agreement participants protect themselves by drawing up contracts that help ensure legal protection for everyone involved.

What should parents and surrogates include in their agreements?

One key thing to include in a surrogacy agreement is who will be present at the birth. There needs to be a clause that spells out whether the mother and father are to be present at the birth. Some surrogates prefer to give birth alone while some parents request to be present. Hammering this out ahead of time helps prevent conflict.

Another key item to include in a surrogacy contract is for the surrogate to agree to abstain from any type of intercourse while she attempts to become pregnant. This will help ensure that the conceived child belongs to the parents and not the surrogate.

Some parents prefer to have a say in the surrogate’s diet to help ensure that their baby is born as healthy as possible. Parents can include dietary clauses to help ensure that the surrogate does her best to remain healthy during the pregnancy.

Who can parents turn to for help regarding surrogacy contracts?

Parents considering surrogacy may benefit by working with attorneys who have experience handling surrogacy agreements. These lawyers may be able to help them with everything from creating contracts to financial arrangements.