Surrogacy Legal Contracts

Clinics will require a contract drafted by a lawyer between the surrogate and the intended parents. Should a surrogate choose separate representation she will be provided with a list of attorneys who specialize in third-party reproductive law.

The surrogate’s attorney’s fee will be paid for by the intended parents. Surrogates will enter into a contract with the intended parents and this legally binding contract should not be entered into lightly. The contract will cover issues such as receiptable expenses, legal obligations of the surrogate, conduct, relinquishment of the child, etc.

If separate representation is chosen, the intended parents’ attorney is called the drafting attorney; and the surrogate’s attorney is called the reviewing attorney. The drafting attorney will send a contract to the reviewing attorney. The reviewing attorney is responsible for getting a copy of the contract to the surrogate.

Once she has had the opportunity to read the contract she will be asked to have a conference, either in person or by phone, with the attorney to discuss any changes she feels don’t reflect what she previously agreed to. The surrogate’s attorney will relay these requests to the intended parents’ attorney.

Once a contract is decided upon all parties will be required to sign. Medications cannot begin until all parties have signed the contract. A letter will be sent to the IVF physician by the drafting attorney to notify them that they have received legal clearance and the cycle can begin.