Contract Phase

Congratulations! You've found a wonderful surrogate mother to carry your child(ren) and you're ready to begin negotiating a contract. It may seem unnecessary to have a legal contract, especially if you have a close relationship with your surrogate. However, a contract is highly important in order to obtain a legal birth certificate and ensure parental rights of the child(ren). Since laws vary by state, it is very important to contact an attorney near you to be sure your rights are protected. Need a Family Lawyer? Click here to find one near you.

Things to Consider

Intended Parents - Mom & Dad - and Baby Born via Surrogacy

At this point, you've probably spoken to your surrogate mother several times and discussed many of the things in the contract. You may feel a special bond with her as you move closer to the conception of your baby. The contract phase may seem tedious and long since you will have to work with and around your attorneys' schedule.

 

Things to Consider

As mentioned in the Just Starting Out section, there are several key points to agree on in the contract.
Questionairre for Surrogate MothersWhere should she live?
Questionairre for Surrogate MothersIf using a traditional surrogate, what physical, intellectual and emotional characteristics should she have?
Questionairre for Surrogate MothersAny special talents?
Questionairre for Surrogate MothersWhat values should she have?
Questionairre for Surrogate MothersWhat type of health insurance does she have?
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Questionairre for Surrogate MothersWill it cover surrogacy?
Questionairre for Surrogate MothersDo you want a relationship with the surrogate mother after your baby(ies) is born?
Questionairre for Surrogate MothersHow many embryos will you want to transfer?
Questionairre for Surrogate MothersHow do you feel about selective reduction or abortion?
Questionairre for Surrogate MothersWhere will your baby(ies) be delivered?
Questionairre for Surrogate MothersDo you want the surrogate mother's breastmilk for your baby?
Questionairre for Surrogate MothersWhat fees/compensation are you prepared to pay?

   
 

Attorney Fees

Legal fees are very difficult to predict, but typically range from about to $500 to $7,000. The intended parents and the surrogate mother will each need a separate attorney.

If contract issues are negotiated out of the attorney's office, fees should be minimal. Typically, when the intended parents and surrogate mother come to an agreement before drawing up the official contract, fees can be reduced. The intended parents' attorney will customize a contract according to the parents' requests. The attorney will send a copy of the contract to the surrogate's attorney for review. When all parties agree on the final contract, it is official.

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