Both intended parents and surrogates want to know that their rights are protected when going through surrogacy. Intended parents want peace of mind knowing their parentage won’t be called into question, and surrogates want to know that all the pieces are in place for providing proper medical care and expense coverage throughout the process.
Having a clear surrogacy agreement establishes expectations while outlining the responsibilities of all parties involved. Plus, everyone has peace of mind knowing that their rights are protected from the start of the surrogacy journey through to the end.
Signing a surrogacy agreement is not just a matter of formality. It is the whole foundation for intended parents and surrogates to build a relationship on because it outlines communication cadences, preferences, and details essential to building trust and clarity.
Accel Conceptions is a surrogacy agency that guides intended parents and surrogates through every stage of the surrogacy process. Our team includes experienced professionals as well as legal support to help make the process smooth and supportive.
What Is a Surrogacy Agreement?
A surrogacy agreement is a contract between the intended parents and the surrogate. It is a legally binding document that defines the rights, obligations, and expectations of everyone involved.
All parties will agree to the surrogacy agreement before the surrogate begins fertility treatments and embryo transfer.
Attorneys specializing in reproductive law draft the agreement based on the unique needs and preferences of the intended parents and surrogate. That means that each agreement is unique, with clauses and clarity around key areas, such as the delivery.
Because surrogacy law is handled at the state level, legal guidance is an important step in the surrogacy journey. California is one of the friendliest states for surrogacy because it has clear legal frameworks, making entering into a surrogacy agreement simpler.
Entering into a surrogacy agreement in a state with clear and friendly surrogacy laws offers peace of mind that you won’t face complications in the process, so long as your agreement is clear and legally binding.
Why Surrogacy Agreements Matter
Surrogacy agreements serve several crucial purposes.
- Establishes clear expectations: Surrogacy is complex. It includes emotions, medical procedures, financial responsibilities and legalities. A contract helps avoid misunderstandings and outlines what each party wants from the beginning of the relationship.
- Provides legal protection: Parental rights are one of the most essential elements of the surrogacy agreement. Plus, the agreement outlines the compensation agreement, healthcare responsibilities and procedures for unexpected circumstances.
- Promotes communication and trust: Because surrogates and intended parents have such a close relationship during surrogacy, the agreement helps build open communication as supported by the agreement. That way, everyone feels respected and supported.
- Creates a clear path forward: The surrogacy agreement clearly outlines everything from embryo transfer to post-birth procedures. It makes things clear who will handle what and how decisions will be made.
Essential Elements in Every Surrogacy Agreement
Every surrogacy agreement is unique. However, most agreements cover a core set of topics, including the following.
Parental Rights
First and foremost, the surrogacy agreement is there to establish parental rights for the intended parents. This agreement aids in obtaining pre- or post-birth parentage orders based on your state’s laws.
Medical Procedures and Decision Making
Intended parents want some oversight of their unborn child, while surrogates want to protect their rights to their personal health. Often, these agreements detail the following.
- Fertility medications
- Embryo transfer procedures
- Prenatal care expectations
- Number of embryos transferred
- Selective reduction or termination plans
- Delivery preferences
While this area of the agreement can be delicate for everyone involved, it ensures alignment before pregnancy so decision-making isn’t emotional, but clear and thought out.
Compensation and Financial Responsibilities
Compensation is an essential element of the surrogacy agreement. Most contracts clearly outline:
- Base compensation
- Monthly allowances
- Reimbursement for medical expenses
- Travel expenses
- Lost wages
- Maternity clothing allowances
- Additional compensation for special circumstances
Health Insurance and Medical Coverage
Even when a surrogate has medical insurance coverage, it often won’t pay for care related to surrogacy. The surrogacy agreement will outline who is responsible for medical insurance and pregnancy-related healthcare expenses.
In cases where the surrogate’s health insurance does cover the cost of pregnancy and care, intended parents would still need to cover all deductibles, copays, and coinsurance or secure supplemental coverage.
Confidentiality and Privacy
Every intended parent handles their journey differently. Some want to keep it private, asking the surrogate not to post anything to social media or make any public announcements. Others can’t wait to spread the news online.
Outlining what’s appropriate will help guide all parties to respect one another’s privacy and preferences.
Communication Expectations
Healthy communication is an essential element of all surrogacy journeys. Your agreement should outline the following standards and expectations for communication.
- Communication frequency
- Attendance at medical appointments
- Updates during pregnancy
- Birth planning discussions
Every relationship between surrogates and intended parents is a bit different. Some want a strictly professional relationship, while others develop deep, lifelong friendships. Regardless, outlining what that relationship looks like will help guide each party in mutually comfortable boundaries.
Potential Risks and Unexpected Situations
Pregnancy can involve uncertainty. Your surrogacy agreement should outline plans for what happens in the case of:
- Bed rest
- Pregnancy complications
- Multiple pregnancies
- Emergency medical decisions
- Failed embryo transfers
- Miscarriage or pregnancy loss
Facing these possible realities can be challenging for intended parents who have likely been through challenges with infertility and longing to be a parent. But addressing them early in the process will make things easier should these circumstances come about.
When Do You Sign a Surrogacy Agreement?
Typically the surrogacy agreement begins once intended parents and surrogate have been matched and all medical screenings have cleared.
You’ll sign the agreement before embryo transfer. This ensures that all parties enter into the agreement informed and that the whole process is legally protected.
The Role of the Surrogacy Agency in Drafting Agreements
When you think about surrogacy, you likely think about an emotional journey toward parenthood or helping someone else achieve parenthood. Legal paperwork isn’t your specialty and you’re ready to take the next step.
That’s why working with a quality surrogacy agency is so valuable. You’ll get the reassurance that you’re entering into a secure, respectful surrogacy journey that is more likely to be successful thanks to careful due diligence.
Whether you’re looking to grow your family via surrogacy or you’re exploring whether serving as a surrogate might be right for you, talk to our team now and get a team of experts in your corner to ensure a smooth process.