Fertility, surrogacy and legal contracts

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Fertility issues affect as many as one in six couples in the United States. For those dreaming of starting a family, alternative options like adoption, artificial insemination, and surrogacy have become viable pathways to parenthood. However, pursuing these alternatives involves navigating complex legal agreements, especially when it comes to surrogacy.

The Importance of Legal Contracts in Surrogacy

Surrogacy requires a carefully structured legal contract between the intended parents and the surrogate or egg donor. This contract serves as a binding agreement that outlines each party’s parental rights and responsibilities. A clear understanding must be established that the surrogate or donor relinquishes any and all rights to the child upon birth. This is a critical step in ensuring there are no future legal disputes over parental rights.

Key Components of a Surrogacy Agreement

Several important matters must be addressed in a surrogacy contract. These include, but are not limited to:

  1. Parental Rights: Clear language that relinquishes any presumed parental rights of the surrogate or donor after the child is born.
  2. Payment and Compensation: Specific terms regarding how much the surrogate will be paid, and what expenses will be covered.
  3. Medical Expenses: A detailed outline of who is responsible for covering the surrogate’s medical bills, including insurance coverage.
  4. Breach of Contract: Provisions that explain what happens if either party violates the terms of the contract.
  5. Excess Embryos: An agreement regarding what will happen to any remaining embryos, if applicable.
  6. Future Contact: Terms that address whether the surrogate will have any future contact with the child or the intended parents.

Additional Considerations for the Surrogacy Process

Beyond the basic components of the agreement, there are several other important considerations:

  • Number of Fertilization Attempts: The contract should specify how many attempts the surrogate is willing to undergo to achieve pregnancy.
  • Lifestyle Agreements: The surrogate should agree not to engage in intercourse during attempts to achieve pregnancy, and agree in writing not to terminate the pregnancy unless her life is at risk.
  • Health Requirements: The surrogate should commit to a healthy lifestyle, which includes avoiding alcohol, smoking, and illegal drugs. She should also agree to follow a diet recommended by her obstetrician.
  • Prenatal Care: The surrogate must agree to attend regular prenatal checkups and comply with all medical recommendations. The contract should outline whether the intended parents will attend these appointments.

Why You Need an Assisted Reproduction Attorney

Assisted reproduction technology is a rapidly evolving field with numerous legal intricacies. To ensure your surrogacy journey is smooth and legally secure, it’s crucial to consult an attorney who specializes in assisted reproduction law. This legal expert will help you navigate the legal aspects of surrogacy, ensuring that the contract meets all legal requirements and that your rights are fully protected.

The experienced family law attorneys at the DiPietro Family Law Group have decades of experience handling family law matters, including surrogacy and other assisted reproduction cases. We are here to help guide you through every step of the process.


Contact us today to schedule a consultation with a caring professional at (888) 530-4374.

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