Surrogacy Contracts: what not to overlook

Important considerations: For lack of a better term here, a laundry list of things to consider. What will happen in the event of multiples? How many is "too many?" Will a selective reduction be done over a certain number? In the event of birth defects, will an abortion be performed? (Again, this is an area where the contract really has NO legal footing - no one can make [or prevent] a surrogate have an abortion if she chooses, but having this in the contract is an excuse to get both parties talking and get their feelings in the open.) In the event of the death of the Intended Parents while the surrogate is pregnant, who will have custody of the child? (Intended Parents should make SURE they have a will in place as well!) Who will be responsible for the costs related to the surrogacy? If there were frozen embryos, what would be done with them? In the event the child is born with some sort of medical problem, the Intended Parents will still retain custody. What things must the surrogate agree to during/while attempting pregnancy (should she consult a doctor before taking medications, abstain from intercourse for any periods of time, eat a restricted diet, etc.)? What will contact after the child's birth involve? Who will make medical decisions throughout the pregnancy? Will the surrogate be required to attend counseling paid for by the intended parents? If so, how often? Will there be a confidentiality clause?

Custody: Again, it should be stated that the surrogate agrees to relinquish custody of the child immediately after birth, and that both parties will do what is necessary to achieve this, either before or after the birth. Whether paternity testing will be done as a standard part of this agreement, or simply there as a possibility should either party wants it, the contract should state that both parties agree to the testing (and who will be responsible for paying for it).

Hopefully, this list will help those just starting out sit down and discuss the big - and little - issues from the start. Again, this is NOT intended as legal advice for any individual; I am not a lawyer, and certainly do not intend to play one on the 'net. If you need a listing of surrogacy lawyers in your area, check out SurroMomsOnline's Attorney Directory or TASC's

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