After intended parents are matched with a gestational surrogate and before any of the medical procedures involved in surrogacy take place, both parties will form and agree to a surrogacy contract. At this stage, the intended parents work with their legal representation and the gestational surrogate will do the same with hers in order to work out an agreement all parties favor.
Your legal representation will be able to provide a full review of what is included in the contract, so we do recommend consulting with him or her per any specific questions you may have. However, there are things both the intended parents and their surrogate can expect to decide on while the contract is being prepared.
Decisions that need to be made before signing a surrogacy contract
- Confirmation of surrogate compensation and benefit package, to include but not limited to: lost wages, multiple pregnancies, or medical procedures such as a c-section
- The surrogate’s responsibilities with regard to her health throughout the pregnancy
- Who will be present at prenatal appointments
- General amount of contact during pregnancy
- Who will be present during childbirth
- The post-childbirth relationship between the intended parents and surrogate
- Will the surrogate have a role in the baby’s life
- Privacy of intended parents’ identities
- Will the surrogate mother provide breast milk? If so, for how long? And what compensation will be involved?
- Sensitive medical concerns including medical risks and complications
What if there is a disagreement?
Disagreements within surrogacy contract negotiations can happen from time to time. Both parties are entering the agreement with their own hopes and expectations, and even with expert matching, there can be the occasional pain point for one party. Third-party reproductive attorneys specialize in working through these disagreements as best as they can, especially if all parties are open to discussion. Most of the time, it’s understandable why intended parents feel the way they do about something and why a surrogate feels the way she does.
We encourage intended parents and surrogates to approach contract negotiations with as much of an open mind as possible. This does not mean you should agree to a point that you disagree with, for the sake of the contract; you should feel comfortable vocalizing your viewpoint. We hope you’ll understand that disagreements can and do arise, and that it doesn’t mean a contract can’t be negotiated.
Again, your legal representation will be able to assist with specific surrogacy contract questions, and our case managers are happy to assist as best as possible with your concerns. Please feel free to contact The Surrogacy Source today.