Gestational surrogates provide invaluable services to people who want to grow their families. Their assistance in carrying an embryo to term can lead to the healthy birth of a child or even multiple children. Medical advances have made in vitro fertilization (IVF) and surrogacy more accessible and successful than ever before.
However, there is still a degree of risk, especially when considering the financial and legal implications of partnering with an outside person to bring a new life into the world. Those hoping for a child through surrogacy typically sign relatively thorough contracts with the medical service provider facilitating procedures and possibly also with the surrogate who is providing gestational services.
What matters do parents generally need to address in surrogacy contracts?
1. The termination and establishment of rights
Usually, a woman who gives birth has immediate parentage. A surrogacy contract is one of the few ways to ensure that the gestational carrier has no legal obligations or rights to the child after the birth. Surrogacy contracts also help firmly establish the rights of the intended parents who have sought assisted reproductive services.
2. The plan for unused embryos
Many surrogacy arrangements involve aspiring parents providing gametes, which medical professionals then combine to create viable embryos. The embryos remain in cold storage until after the completion of the IVF process.
Given the uncertainty of IVF, it is a standard procedure to create numerous embryos and store extras in case there are complications. Couples may need to talk about what they intend to do with any remaining embryos after successful IVF or in the event that their marriage ends. The standard options include the donation of the remaining embryos, the destruction of the embryos or the continued storage of the embryos.
3. Medical costs
Typically, intended parents accept financial responsibility for the medical expenses of the gestational surrogate during pregnancy. They also pay for labor and delivery medical expenses.
In some cases, the plan may be to use health insurance. However, complications, such as early labor, might result in out-of-network care and other issues that render insurance unhelpful. Contracts generally need to clarify the expectations for covering medical expenses.
Getting experienced legal guidance to better understand surrogacy contracts and laws can be helpful for those hoping to expand their families. Aspiring parents need the clarity and protection that comes from a thorough contract for their peace of mind and legal protection.