Surrogacy Contracts: what not to overlook
Along with the compensation, will the intended parents be responsible for childcare or housekeeping if the surrogate is put on medically necessary bedrest? Will the cover lost wages if she must miss work? These are more things that should go in the contract.
Expenses: In almost all surrogacies, the intended parents are responsible for all expenses the surrogate incurs that she would not have were she not involved in the surrogacy. This will range from doctor's office co-payments, to pre-natal vitamins, to medical expenses surrounding the attempt to get pregnant, to maternity clothing. The contract should spell that out. How incidental expenses will be paid (such things are co-payments, phone calls, ovulation predictor tests, etc. - the small out of pocket expenses that will come up) should be established. Some people use a flat monthly rate that the surrogate is not accountable for (say $100 a month to cover these things), some use a joint account that the surrogate can withdraw money from, some ask for a detailed list and reimburse the surrogate... how you choose to do it isn't as important as getting it agreed on by both parties and in writing.
Insurance: Two types of insurance come to mind: life and medical. Life first - most parties will have the intended parents secure a life insurance policy for the surrogate paid to a beneficiary of her choice. This is, I suppose, to "help make up for it" if somehow the surrogate died as a result of her involvement in the surrogacy. Some Intended Parents also have some compensation paid on the surrogate's death to themselves, so they can start over again if they have to with another surrogate (see - these are the morbid things you don't want to think about in that "honeymoon" phase of the newly matched surrogate/intended parent relationship!). Generally, surrogates who have medical insurance continue to pay their own premiums, and surrogates who do not must find insurance which will cover the pregnancy, with the Intended Parents paying the premiums. The contract should stipulate who is responsible for those premiums, and who is responsible for anything not paid by the insurance, including in the event the insurer decides for some reason NOT to cover the surrogate (be very careful, this has happened) after the fact.
Screening: What types of screening will the involved parties go through? Who will pay for it? What happens in the event a
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