Prior to the embryo transfer, every surrogate and intended parent needs to work with their own attorney to draft and negotiate a surrogacy contract. At Beuge Barrios, we are here to guide you through the intricacies of these complex legal agreements. Every surrogacy contract outlines two major legal issues: finances and social requirements.
The parties’ attorneys will negotiate the surrogate’s compensation for reasonable living, legal, medical, psychological, and psychiatric expenses that are directly related to prenatal, intrapartal, and postpartal periods, as well as additional payments for items such as maternity clothes. The contract should also determine added compensation in the case of any complications or other possible circumstances, like carrying multiples or going on bed rest.
The contract will also outline the surrogate’s basic responsibilities throughout the pregnancy — abstaining from tobacco, alcohol and other drugs, for example. Most contracts also include certain social agreements between the intended parents and the surrogate, such as who will be present at key prenatal appointments and at birth and how far away from her home the surrogacy may travel.
There are many variables that can impact the course of a pregnancy and a surrogacy arrangement. It is vital to work with an experienced surrogacy attorney to draft a comprehensive contract that covers every possible outcome.
The legal surrogacy process varies greatly depending on a number of factors. Gestational surrogacy laws differ from traditional surrogacy laws, state regulations affect the steps necessary to legally complete a surrogacy, and even the circumstances of each individual pregnancy can guide the legal process.
The best thing intended parents and surrogates can do to legally protect themselves throughout the surrogacy process is to work closely with an experienced surrogacy professional and a local attorney who is experienced in Assisted Reproductive Technology law.
If you have any questions regarding the specifics of surrogacy agreements, please contact our office for a free consultation at 813-397-3712 or barrios-law.com.