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  • Writer's pictureSmart Surrogacy

What to be included in a surrogacy contract

Here are some topics that should be covered in your Gestational Surrogacy agreement.

The Basics

The surrogate will carry the pregnancy on behalf of the Intended Parents.

The surrogate will receive an embryo conceived by the egg and sperm of the Intended Parents (or a donor they select). The surrogate will do everything in her power to become pregnant and have a healthy pregnancy and delivery. Upon the delivery, the Intended Parents will have custody of the baby and be the legal parents.

Custody and Parental Rights

The surrogate has no intention to be the baby’s legal mother, and the Intended Parents will be the legal parents and will have full custody as soon as the baby is born.

The surrogate will not make any claim for custody or visitation for the baby after the delivery.

As soon as the baby is born, physical custody will go exclusively to the Intended Parents (depending on the terms of your “delivery plan”). The surrogate will sign documents needed to ensure the IPs’ parental rights. If either or both the Intended Parents die or cannot take custody of the baby, who will take custody of the baby. If the Intended parents divorce during the pregnancy, one of the parents will take custody of the baby. If the surrogate’s situation changes (if she needs to move or she loses financial support), what is the process to support the pregnancy?

Compensation for your Surrogacy

How much will your surrogate be paid, how often, and in what installments?

What items will be reimbursable to the surrogate, including travel expenses or special foods and supplements.What evidence does the surrogate need to show to receive a reimbursement (receipts?)

What are the non-financial benefits for your surrogate, including maternity clothes, counseling, housekeeping service, etc.Medical Care for Your Surrogate and the Pregnancy

The Intended Parents are responsible for the medical and psychological well-being of the surrogate and baby.The surrogate understands and accepts the medical and psychological risks o

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