Surrogacy Contracts

The Surrogacy Contract

Surrogacy is getting accepted wholeheartedly by parents having infertility issues. After the commencement of surrogacy (gestational) in India in 2002 unfertile couples are turning their heads towards surrogacy in India. India has become the leading surrogacy offering country because of the availability of surrogates at an easy price. The cost of surrogacy as a whole is much less than the cost in foreign nations.

Prior to getting into the surrogacy intended parents are made aware about all the pros and cons of the procedure. They are being taught both the negative and positive aspect prior they say a yes for the procedure. Surrogacy is a kind of procedure that is practiced after every possible pregnancy attempts get failed. Hence it can be said the last option for intended parents to get a child genetically related to them.

The Contract

As soon as intended parents agree undergoing surrogacy, they require signing a contract that is the guiding force for the surrogate as well as for intended parents. Both the parties agree on the terms made and mutually sign the contract. The contract protects the right of both the parties during and after the surrogacy period. It is a legal proof of agreement that could be presented if things or parties avoid following rules.

The contract involves subjects that include parental rights, custody issues, location of delivery, future contact between the parties, and insurance (both health and life). More to this, the contract also put a light on subjects such as control over medical decisions during the pregnancy, payment of medical bills, liability for medical complications, availability of medical history and personal medical information on the gestational carrier, and intended parents’ presence during doctor’s visits and at the delivery.

There is also a financial column designed to safeguard the rights of the surrogate. ¬†Financial considerations such as the surrogate mother’s compensation and expenses, including lost wages, legal fees, child care and maternity clothes are also addressed in the contract. The contract states to whom these bills are liable to and why. Mutual agreement of both the parties is most important when the contract is signed.

Besides the information stated above, the contract carries a lot of information about both the parties. Some of the most important points are pointed here:

  • Affidavit of surrogate mother’s husband
  • Terms and conditions of the surrogacy
  • Declaration of intent and
  • Endorsement by the ART clinic

For drafting the document i.e. surrogacy contract, following information is required to a surrogacy agency:

  • Name of the surrogate mother as well as her husband
  • Address and the age of the surrogate mother and her husband
  • Name of the surrogate mother husband’s father
  • What are the final financial terms agreed upon
  • Name of the intended mother and the intended father
  • Address of the couple that is of intended mother and the intended father
  • Age of the intended mother and her husband, i.e. age of both the intended mother and intended father

Apart from the surrogacy contract signed some clinics also make it mandatory to sign another contract with them for the services provided. They also make it mandatory to sign the cost contract as what expenses would be occurred by the clinic and what expenses are liable for intended parents. Such a contract is important to be signed so that no one can let his hands off from the contract. It is thus made a legal document that should be followed by all.

Some clinic will also involve legal advisor when the contract is being signed. The contract is extended further to add points that will be followed after the birth of the child.