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What are the key elements of a surrogacy contract?

On Behalf of | Nov 24, 2021 | Surrogacy Law |

In San Diego, throughout California and all over the world, people struggling to start a family on their own may consider alternatives. Finding a surrogate is one way to achieve their goal. To avoid problems, it is important to understand the elements of a surrogacy contract.

What should be in a surrogacy contract?

With a surrogacy contract, there are basics to remember for everyone involved. The surrogate and the couple who want a child through surrogacy must be cognizant of how to write a contract. Of course, any contract should have the parties’ names, verify that they are 18 or older and be dated. Health insurance coverage details for the surrogate must be provided.

It must be in writing that to complete the pregnancy, certain procedures and technologies must be used to place the embryo in the surrogate’s uterus after it has been fertilized. If there are issues with the surrogate becoming pregnant, there can be a maximum number of attempts listed in the document. The surrogate must commit to a healthy lifestyle, avoiding alcohol, smoking and drugs. Unless the surrogate’s life is in danger, she cannot terminate the pregnancy.

One of the most vital parts of the contract is the surrogate agreeing that she will have no parental rights and that the child will be raised by the legal parents. With surrogacy, there will be a financial component involved with the surrogate accepting an amount for completing the pregnancy and receiving compensation if it does not go to term.

Conceiving through surrogacy

One of the most common reasons for surrogacy is if the prospective parents are unable to conceive a child on their own. There could be various obstacles like career aspects, age or a same-sex couple. Regardless, it is imperative to understand the value and necessity of a surrogacy contract. For every concern that will come up with surrogacy, having an agreement in writing is a key first step.