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Yes, you need a contract if you’re working with a surrogate

On Behalf of | Mar 16, 2021 | Family Law

Surrogacy can be a fantastic way to bring a child into your life without having to carry your child yourself or having your spouse carry your child. Surrogacy is sometimes necessary in cases where a woman cannot carry a child or would not like to due to other obligations or responsibilities.

If you have decided to pursue a pregnancy with a surrogate, it is a good idea to talk to your attorney about setting up a contract and to take time to learn more about the laws that apply. Your attorney can help you if you are looking for a surrogate or if you are offering to become a surrogate yourself.

Why is it important to talk to an attorney before working with a surrogate?

Surrogacy may have its benefits, but the laws in the United States are inconsistent. This process is still relatively new, even though it has been around for decades, so you do want to make sure that you have the right contracts in place to protect yourself and your unborn child.

Is it only surrogacy if the woman carries a couple’s fertilized egg?

It is surrogacy when another woman carries a couple’s fertilized egg or eggs, but it’s also considered to be surrogacy if they use a donor’s semen or the surrogate’s eggs. Some use in vitro fertilization and have a fertilized egg implanted that has both a donor egg and sperm.

If someone is carrying a baby for someone else, then they’re a surrogate under most circumstances, even if the surrogate is the one donating an egg.

Why should you have a contract with a surrogate?

A contract puts into layman’s terms what you expect, what the surrogate receives for her assistance and other expectations and requirements. You’ll include information on how much you’re paying the surrogate and if you want her to play any role in your child’s life in the future. Your attorney will talk to you about different topics you can discuss in a contract and how to protect yourself and your custody rights to your child through a contract with the surrogate.