6 Topics to Cover in Surrogate Contracts

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If you are considering surrogacy, it is crucial to have a contract between yourself (the intended parents) and the surrogate. Even when both parties are agreeable, it’s a smart choice to have a contract so there are no misunderstandings about the expectations from both sides.

There are six areas that are essential to make the surrogacy journey as smooth as possible:

  • Outline state laws: Make sure there is an overview of the surrogacy laws in the state where the baby will be delivered. It also should include an overview of the laws of where the intended parents live; if the intended parents and surrogate live in different states.
  • Financial Obligations: This should outline how much the surrogate’s compensation will be and how often she is to be paid. In addition, it would list the escrow company’s name and spell out the terms of the escrow account.
  • Medical Decisions: With any pregnancy, there are risks. Intended parents and the surrogate should be on the same page regarding medical decisions relating to the baby, the number of embryos transferred, how many transfers will take place if they are unsuccessful and whether the intended parents will attend appointments and the birth.
  • Medical Bills: Some surrogates have health insurance that can be used to cover maternity costs. Other times intended parents purchase insurance for the surrogate. The contract should outline how these bills will be handled.
  • Time and Travel: The contract would say what restrictions the surrogate has when traveling when pregnant.
  • Privacy: The contract should outline how the HIPPA medical privacy act is briefed. It’s also a great idea to spell out the expectations of privacy and how much information both sides can share about the journey.

Every contract should be reviewed by an attorney well-versed in surrogacy laws to make sure, and everything is lined out according to your particular state laws.

If you are interested in learning more about surrogacy options or are interested in becoming a surrogate mother, please contact us at 713-622-1144, and we will be here to help you with any questions.

lgbtq community and surrogacy

Surrogacy and the LGBTQ+ Community

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Surrogacy is often one of the last options for heterosexual couples wanting to have children, but for LGBTQ+ couples, it is one of the only options outside of adoption. Adoption is an expensive and complicated process, and laws vary state by state, with some states banning LGBTQ+ adoptions.

While the surrogacy process is typically not significantly different for same-sex couples and LGBTQ+ individuals than for heterosexual intended parents, there are some considerations to take into account.

There are two important decisions that must be made before beginning the process. The first is deciding who will be genetically related to the child. Unlike in straight surrogacy, in which both parents’ genetic material is often used to create an embryo, same-sex couples must decide whose sperm or egg will be used. Second, the couple must choose if they want to use an anonymous donor or an individual they already know. Once these two decisions have been finalized, the surrogacy journey can continue as it would with a heterosexual couple.

In some states, LGBTQ+ couples may have to undergo an additional process to both be legally recognized as the parents of the child. However, in Texas, LGBTQ+ intended parents are treated the same under Texas surrogacy laws as any heteronormative intended parents as long as they are married. If they are not married, they must do a second-parent adoption after the baby is born. This step can be explained further by a surrogacy attorney.

An experienced surrogacy agency, such as Shared Conception, can help you navigate the entire surrogacy process. Our mission is to give all that want a family the proper path to achieving one. Give us a call today or check us out on the web at www.sharedconception.com.