It is essential for a legal surrogacy contract to cover the interests of all parties involved in the agreement.While many IVF fertility clinics assist both the surrogate mother and the intended parent with all legal formalities, it is crucial for everyone involved to be aware of the legalities. The surrogacy contract not only details on the responsibilities of all parties involved but also extends to regulations post delivering the child too.
Getting a professional lawyer is a prime step in the process of creating a surrogacy contract. A poorly worded agreement by an amateur will lead to conflicts in the later stage. So, hiring an experienced professional is vital for the process. A fittingly drafted surrogacy contract will not only protect the rights of the intended parents but also guards the interests of the surrogate mother.
Many lawyers specialize in drafting surrogacy contracts. It is ideal to find such a lawyer and get them on board. They would be able to guide the surrogate mother or the intended couple about the formalities and warn them of potential pitfalls. A lawyer is not where you would want to save money.
Capture the complete surrogacy programmes
It is essential to document all physical and psychological tests that have to be performed to ensure the safe growth of the baby in the surrogate mother’s womb. The complete surrogacy process in bangkok has to be documented in the surrogacy contract. Doing so will help maintain clarity to both parties and also avoid mishaps in the future.
Usage of the term Assisted Reproductive Technology
Assisted Reproductive Technology is the legal term used for surrogacy. It is vital to use the term in the contract. The number of times intended parents wish to attempt for a successful pregnancy with the same surrogate mother should also be mentioned in the surrogate contract.
Most commonly, intended parents choose to go for three trials with the same surrogate. If there is no successful pregnancy within the three trials, the contract can be cancelled. However, the number may vary to the interest of the intended parents post discussion with the doctor on the surrogate’s health.
All surrogates are made aware of the dietary restrictions even before they are introduced to the intended parents. However, once the intended parent decides on a surrogate to bear their child, it is ideal for the intended parents to reiterate the guidelines to the surrogate. These rules have to be mentioned in the surrogate contract.
The agreement needs to mention that the surrogate mother is refrained from smoking, drinking or consuming medications that are not prescribed by the doctor. Apart from the dietary regulations, the contract should also mention the number of prenatal check-ups the surrogate has to go through. The contract should indicate the type and preferably the name of the tests that need to be conducted on the surrogate mother before and during the pregnancy period.
Child’s custody is the most critical piece that needs to be mentioned in the surrogacy contract. It is crucial for the contract to mention clearly that the child’s custody will only be handed over to the intended parents and not the surrogate mother. The surrogate must also legally agree to this fact in the contract.
Remuneration of the surrogate will include hospital charges, maternity clothes, diet, check-ups, miscarriages, caesarean delivery, etc., also any reimbursements of maternity expenses from the surrogate’s end.
The contract should also discuss both parties terminating the contract on mutual terms, agreeing to all terms and conditions only having the best.