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Surrogacy Contract FAQ

Published: Feb 06, 2019 in Family Law, Legal Blog, Surrogacy

Written by Anthony Piccirilli

There are a variety of reasons a couple may opt for surrogacy to have a baby. Surrogacy is a particularly popular option for same-sex couples or in instances when a woman does not have a uterus, is living with a uterine defect or a serious condition like heart disease, is past childbearing age, or has experienced severe postpartum depression that she would like to avoid again.

If you choose to pursue surrogacy, you may have questions about the contract. Below, we’ve compiled a list of the most frequently asked questions related to surrogacy contracts. If you are interested in surrogacy, it is in your best interest to reach out to a Pittsburgh surrogacy lawyer at Pittsburgh Divorce & Family Law, LLC. We can guide you through the process of drafting a contract and ensure your rights are protected. Call us at (412) 471-5100 today, or reach out online to schedule a consultation of your case.

Information About Surrogacy Contracts

If you’re considering surrogacy, read on to learn more about common questions surrounding the topic.

What is a surrogacy contract?

The purpose of a surrogacy contract is to define the intentions of the parents and the surrogate mother, as well as their responsibilities to one another. Here are the most important provisions of a surrogacy contract:

  • Current laws – The surrogacy contract should clearly outline the surrogacy laws of Pennsylvania or the state the parties live in.
  • Medical consent – The parents and surrogate mother need to agree on testing for any medical conditions or diseases so that they are aware of the medical risks of pursuing the arrangement.
  • Finances – The expenses throughout the surrogacy journey need to be clearly outlined. There should also be detailed information on the surrogate’s compensation and benefits.
  • Parentage – The contract should clearly explain who intends to be the parents once the child is born, and establish a process for collecting the proper documentation for parentage.
  • Rare outcomes – Since there is always a chance things won’t go as planned, the contract should outline what may happen in rare situations such as the death of the intended parents or the surrogate’s need for life support.

Who drafts the surrogacy contract?

In most cases, the intended parents work with their surrogacy lawyer to draft the contract. Once the contract is complete, it will be sent to the surrogate mother and her attorney for review. Both parties will negotiate the contract’s terms until everyone agrees upon them. The surrogate will be cleared to begin medical procedures once the contract has been agreed upon and signed.

Without each party working with their own attorney, the process of drafting and agreeing on a surrogacy contract will be stressful. In addition, if the language is drafted incorrectly or does not adhere to the current surrogacy laws, the contract may not hold up in courts.

Is a surrogacy contract necessary for both types of surrogacy?

In a traditional surrogacy, a woman carries a child who is genetically related to her but was inseminated by sperm supply by a sperm donor or the father who hopes to raise the children.

A gestational surrogacy, however, involves a woman carrying a child who is not genetically related to her in any way. In this case, the egg and sperm are usually supplied by the parents who hope to raise the child. Both types of surrogacy require a contract to protect the legal rights of all parties involved.

Contact a Pittsburgh Surrogacy Lawyer for Help

If you are planning on going through the surrogacy process, you can count on an experienced surrogacy lawyer at Pittsburgh Divorce & Family Law, LLC to draft a contract that will protect your rights. We’ll ensure that the contract contains all of the crucial information necessary to ensure a seamless surrogacy. Contact us at (412) 471-5100 today to schedule a consultation of your case.