Fertility and Surrogacy Contracts

Lari-Joni & Bassell, LLP, provides guidance, counsel and assistance in the area of fertility law dealing with gestational surrogacy. The firm has a history of being retained by intended parents and gestational surrogates to assist and represent them in drafting, forming, and entering surrogacy agreements that provide clarity and peace of mind as they embark upon their journey together.

Surrogacy is the process where a woman (the surrogate) agrees to carry and give birth to a child on behalf of another person or couple (the intended parent or parents), who are usually unable to conceive or carry a pregnancy themselves. Surrogacy contracts, also known as gestational surrogacy agreements or surrogacy agreements, are legally binding agreements made between the intended parent(s) and the surrogate.

Surrogacy contracts serve as a means of establishing clear expectations and protecting the rights and interests of all parties involved in a surrogacy arrangement. By addressing various aspects of the surrogacy process, these contracts provide a legal framework that helps mitigate potential conflicts and promote a smoother surrogacy journey for everyone involved. The contract typically addresses various aspects of the surrogacy arrangement, including:

1. Parental rights: The contract clarifies that the intended parents will be recognized as the legal parents of the child, while the surrogate relinquishes any parental rights and responsibilities.
2. Compensation and expenses: The contract specifies the financial arrangements, such as the compensation provided to the surrogate for her services and any reimbursement for medical expenses, prenatal care, and other related costs.
3. Medical procedures and decisions: The contract outlines the medical procedures involved in the surrogacy process, including in vitro fertilization (IVF) and embryo transfer. It also addresses issues related to selective reduction or termination of the pregnancy in the event of medical complications or abnormalities.
4. Health and lifestyle considerations: The contract may include clauses related to the surrogate’s health, lifestyle choices (such as smoking or alcohol consumption), and adherence to medical instructions for the well-being of the pregnancy.
5. Confidentiality and privacy: Confidentiality clauses may be included to protect the privacy of all parties involved, ensuring that personal information is not disclosed without consent.
6. Dispute resolution: The contract may include provisions for resolving any disagreements or disputes that may arise during the surrogacy process, such as mediation or arbitration.

Contact Lari-Joni & Bassell today for assistance with surrogacy contracts and related fertility law matters. Our firm takes pride and pleasure in being able to assist surrogates and intended parents in making their journey together as predictable and transparent as possible when it comes to the law.