Surrogacy Agreement FAQs

Get answers for the most frequently asked questions concerning surrogacy laws and agreements.
Surrogacy Agreement FAQs

What is the purpose of a Surrogacy Agreement?
Any kind of surrogacy agreement is considered to be the first step in a process, consisting of two stages. The aim or the surrogacy agreement is to let every participant of it to point out his or her intentions and responsibilities toward each other. According to the surrogacy agreement the surrogate mother signs that she does not intend on having any parental rights on the child, who will arrive in the result of it, and she will have no legal or physical custody of this baby. In addition, all the rights and responsibilities of the couple of intended parents are also defined in the surrogacy agreement.

Do all states have similar laws regarding surrogacy?
The laws, concerning the issue of surrogacy are different in every state that is why it would be extremely important to know not only the laws, which deal with the surrogacy arrangement procedure, but those, which regard the problem of establishing the couple of intended parents as being the legal parents within some definite state.
Each state has different laws regarding surrogacy. It is important for you to be aware of not only the laws regarding surrogacy, but also about the laws regarding how to establish yourselves as parents within that state. National Fertility Law Center has experienced attorneys throughout the United States.

How a surrogacy agreement is usually prepared?
There are several stages in preparing and finalizing any surrogacy agreement. They are the following:
1. A written attorney services agreement is given to the couple of intended parents as well as to the perspective surrogate mother in order for it to be reviewed. All the possible services and cost will be written in this paper with detailed explanation. After the surrogacy procedure parties get acquainted with this document, they sign and date it, which means they do not mind going forward in their agreement, and then they give it back, along with their payment to the office of the surrogacy center, they chose.
2. As soon as the surrogacy center receives the signed attorney services agreement, the very procedure of surrogacy usually begins.
3. In case if the couple of intended parents is going to use a surrogate mother, the first draft of their surrogacy agreement is ready as soon as they have chosen the woman either by themselves or with the help of their surrogacy center. The copy of this agreement is given to all the participants for a review.
4. After that the final draft of the surrogacy agreement is given or sent by mail to the surrogate mother and her attorney in order to be reviewed, and in case if the woman asks for any changes, they are looked through and she is given a redlined version, with all the changes, requested.



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