What's in a Surrogacy Contract?

Drafting a surrogacy contract is a complicated thing to do, and only qualified lawyers should fulfill such a mission. Shared Conception works with a few highly efficient  attorneys who can assist you on this journey.

The below-mentioned checklist of items is designed to  help you think about what terms you want your surrogacy contract  to contain, regardless  of your role in this agreement. It is important to note that the intended parents  and the surrogate need an objective and  independent consultation-such as Shared Conception- to ensure their best interests are protected and to evade a potential conflict of interest.

It is essential the surrogacy contract legally protects both sides, but it also must contain a careful scheme of any fees that will exchange hands. If there should ever be a problem, the contract will certainly  be the first document to solve it. Therefore, it is extremely important that it is precise and accurate to both parties’ interests and demands.

                                                         

To follow is a list of different kinds of fees the surrogate carriers would like to include in their surrogacy contract:

Basic Fee
Base fees are  probably the main thing the surrogate and the intended parents should initially discuss.

Expenses
It is very important that the contract breaks down the fees that will be disbursed. Most contracts usually have the whole sum divided into monthly payments.

Transfer or Insemination Fee
A fee the surrogate should include is a transfer/insemination fee.

Invasive Procedures
The invasive procedure is any manipulation done in a place where they have to enter the surrogate’s body. For instance, it may be the amniocentesis. This can be a really uncomfortable procedure which may translate into compensation.

Maternity Clothing Allowance
Usually the surrogate will ask the intended parents to cover  her clothes expenses.

Monthly Allowance
A monthly allowance is other unplanned expenditures the surrogate would like to include in the contract.

Multiples Pregnancy
This is remuneration for the uneasiness of carrying multiples. This money can be paid out monthly, or it can be given as a lump sum later.

Premature Birth
It is up to the involved parties to decide on compensation to the surrogate for premature births. Some contracts state if the child is born before 32 weeks gestation, the surrogate will get some percentage of the full sum. If the child is born after 32 weeks, the carrier will receive her full compensation.

Miscellaneous
Some other things to be included in the contract are stated here.
-insurance premiums,  [this is paid by the surrogate if she already has insurance]
-life insurance payments,
-any travel expenses,
-any legal fees accrued during the pregnancy and finally,
-all medical costs not covered by the surrogate’s insurance.

Drafting the best surrogacy contract that protects the intended parents and the surrogate mother’s interests is of the upmost importance. Shared Conception is here to walk with you through this all-important process. Do call us.

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