CONTRACT PHASE | LAWS BY STATE |
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.
Things to Consider
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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. |
As mentioned in the Just Starting Out section, there are several key points to agree on in the contract.
Where should she live?
If using a traditional surrogate, what physical, intellectual and emotional characteristics should she have?
Any special talents?
What values should she have?
What type of health insurance does she have?
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Will it cover surrogacy?
Do you want a relationship with the surrogate mother after your baby(ies) is born?
How many embryos will you want to transfer?
How do you feel about selective reduction or abortion?
Where will your baby(ies) be delivered?
Do you want the surrogate mother's breastmilk for your baby?
What 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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