What are the Legal Concerns of Surrogacy?

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Intended parents or gestational surrogates may be so excited about finding the right match and creating a new family that they don’t think about potential legal issues. But there are legal factors that must be taken into consideration to ensure that all parties are protected.

What Legal Factors Must Be Considered?

The gestational surrogacy contract should be written to protect all parties involved. That includes the agency, the intended parents, the gestational surrogate and in some cases sperm or egg donors.

Insurance. There should be an agreement up front as to how the gestational surrogate’s healthcare will be covered. Will the IP’s insurance pay for it or will they have to pay out of pocket for some or all of the expenses?

Compensation. How will the surrogate be compensated for the pregnancy? Spell out total compensation, when payments will be issued and what expenses will be reimbursed.

Breach. Determine how either party could be in breach of contract and what recourse the other party would have in that event. Consider fraud or failure to disclose as well as failure to perform or other factors your attorney may suggest.

Pregnancy decisions. How will decisions be made that relate to the health of the future baby? Selective reduction or termination should be discussed. The IPs and surrogate should agree on whether selective reduction is an option or what would constitute the possible need for termination.

Birth plans. Will the IPs be in attendance? Discuss where the birth will take place and what pain management or anesthesia options will be used. A balance must be struck to ensure the health and comfort of the baby and the surrogate.

Parental rights. Work with an attorney who understands surrogacy law to determine what your rights are in your state. In some states one or both parents may have to adopt the child to be completely protected. If you are working with a surrogate or agency that is located in another state, be sure your attorney is licensed in the states in question.

With no federal policies or laws governing surrogacy, it’s important to work with a surrogacy agency that understands the legal intricacies in the states involved. For assistance in understanding what you need to consider before beginning your surrogacy journey, contact the experts at Surrogate Solutions. We have many years of experience working with Surrogates and Intended Parents from many states and can offer resources and advice to ensure your surrogacy journey is a smooth and happy one. Take the first step in your surrogacy journey – contact Surrogate Solutions today.

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