Surrogacy agreements can help many people start families, but they come with legal pitfalls that everyone should avoid.
Understanding these common mistakes will make the process smoother and protect everyone’s rights.
Unclear terms and conditions
According to Fortune, in 2022, the market for surrogacy topped $14 billion nationwide. Unclear terms can lead to major issues. Both parties should clearly define their roles and responsibilities. This includes the surrogate’s duties during pregnancy and the intended parents’ obligations.
Overlooking compensation details
Overlooking compensation details can create problems. Surrogates usually receive payment for their time and effort. The agreement must specify the payment amount, schedule and any additional expenses covered by the intended parents.
Neglecting medical decisions
Neglecting to address medical decisions can cause conflict. The agreement should state who will make medical decisions during the pregnancy. This includes decisions about prenatal care and procedures, as well as any unforeseen complications. Clear guidelines will ensure everyone knows their role in making important health decisions.
Surrogate’s health insurance
Not considering the surrogate’s health insurance can result in unexpected costs. The agreement should specify who will cover medical expenses. This includes any gaps in the surrogate’s insurance that the intended parents might need to cover. Ignoring this can lead to financial strain and confusion.
Legal parentage
Ignoring legal parentage can lead to custody disputes. The agreement should outline how the intended parents will establish legal parentage either before or after the child’s birth. Different states and countries have different laws, so address this early. Without clear guidelines, the intended parents might face challenges in securing their parental rights.
Planning for contingencies
Failing to plan for contingencies can cause major issues. The agreement should include plans for potential problems, such as the surrogate not following medical instructions or the intended parents not depositing proper funds. These contingencies ensure that everyone understands the steps to take if things do not go as planned.
Dispute resolution process
Not having a clear process for dispute resolution can lead to prolonged conflicts. The agreement should include a method for resolving any disagreements that arise. This might involve mediation or arbitration, which can help resolve issues more quickly and amicably.
It is important to seek professional help for drafting a surrogacy agreement to help you avoid the pitfalls.