Florida law requires a legal contract between the surrogate and the intended parents. This is essential so all intents, commitments, and financial reimbursements are clearly delineated. While it is not legally required for the surrogate to have her own attorney, it is in all parties’ best interest to have each individual represented. Industry standard dictates that the intended parents pay for the surrogate’s lawyer of her choosing. Individual representation for the surrogate and intended parents will ensure that all parties have equal protections and help avoid futures disputes.
Surrogacy contracts outline how the commissioning couple will pay the surrogate’s living expenses, as well as the legal, medical, psychological, and psychiatric expenses that are directly related to the pregnancy. The surrogacy contract formalizes how the surrogate relinquishes her rights and how the intended parents will assume the parental rights and responsibilities for the child. It also goes into detail on how intended parents will cover the surrogate’s medical insurance. The agreement further outlines how and when the transfer of the embryo will occur. The contract addresses subjects such as location of delivery and the intended parents’ presence during doctor’s visits and at the delivery and also establishes the post-childbirth relationship between the intended parents and the surrogate.
Disagreements within surrogacy contract negotiation can arise from time to time. Whether you are intended parents or a surrogate, our attorneys will be at your side during negotiations and will help you navigate through the legal complexities of surrogacy to ensure that your interests are protected.
If you have any questions regarding the specifics of surrogacy agreements, please contact our office for a free consultation at 813-397-3712 or info@barrios-law.com.