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Surrogacy Contract Template

Are you considering surrogacy as a way to start or expand your family? If so, it is important to have a surrogacy contract in place to protect all parties involved. A surrogacy contract outlines the responsibilities and expectations of the intended parents, surrogate, and any other involved parties. While every surrogacy journey is unique, there are certain elements that should be included in any surrogacy contract. Here is a guide to creating a surrogacy contract, including a template to get you started.

The Basics of a Surrogacy Contract

A surrogacy contract is a legally binding agreement that outlines the terms of the surrogacy arrangement. It is important to have a surrogacy contract in place to avoid any misunderstandings or disputes during the process. The contract should cover the following:

1. The parties involved: The contract should clearly identify the intended parents, surrogate, and any other involved parties, such as an egg or sperm donor or an agency.

2. Compensation: The contract should outline the compensation the surrogate will receive, including any reimbursement for expenses incurred during the process.

3. Medical procedures: The contract should detail the medical procedures the surrogate will undergo, including any fertility treatments and prenatal care.

4. Parental rights: The contract should establish the intended parents’ parental rights and responsibilities, as well as any rights the surrogate may have.

5. Termination: The contract should outline the circumstances under which the surrogacy arrangement may be terminated, such as if the surrogate becomes pregnant with twins or triplets.

6. Confidentiality: The contract should include provisions for confidentiality and privacy, including any restrictions on discussing the surrogacy arrangement with others.

7. Dispute resolution: The contract should outline how any disputes will be resolved, such as through mediation or arbitration.

Sample Surrogacy Contract Template

Here is a template for a surrogacy contract that covers the basics outlined above. Keep in mind that every surrogacy journey is unique, so you may need to customize this template to fit your specific situation.

[Name of Intended Parents], hereafter referred to as the Intended Parents, agree to enter into a surrogacy agreement with [Name of Surrogate], hereafter referred to as the Surrogate, on the following terms:

1. Parties involved

The Intended Parents and Surrogate agree to the following roles and responsibilities:

Intended Parents

– Will provide the Surrogate with all necessary medical treatments and care related to the surrogacy process

– Will cover all medical and related expenses associated with the surrogacy process

– Will assume parental rights and responsibilities for any child conceived through the surrogacy process

Surrogate

– Will receive all necessary medical treatments and care related to the surrogacy process

– Will agree to carry and deliver a child conceived through the surrogacy process

– Will receive compensation as outlined below

2. Compensation

The Surrogate will receive the following compensation for her role in the surrogacy process:

– $[amount] for her time and effort

– Reimbursement for any medical or related expenses incurred during the surrogacy process, including travel expenses, if applicable

3. Medical procedures

The Intended Parents will cover all medical expenses associated with the surrogacy process, including any fertility treatments and prenatal care. The Surrogate agrees to undergo all necessary medical procedures as directed by her medical provider.

4. Parental rights

The Intended Parents will assume parental rights and responsibilities for any child conceived through the surrogacy process. The Surrogate agrees to relinquish any parental rights and responsibilities for the child.

5. Termination

If the Surrogate becomes pregnant with more than one child, the Intended Parents may choose to terminate the surrogacy arrangement. If the Surrogate becomes pregnant with a child with a genetic abnormality or health issue, the Intended Parents may choose to terminate the surrogacy arrangement.

6. Confidentiality

The Surrogate agrees to maintain confidentiality and privacy regarding the surrogacy arrangement, including any information about the Intended Parents and any child conceived through the surrogacy process.

7. Dispute resolution

Any disputes arising from the surrogacy arrangement will be resolved through mediation or arbitration.

By signing below, the parties acknowledge their understanding of and agreement to the terms of this surrogacy contract.

[Signature of Intended Parent]

[Date]

[Signature of Intended Parent]

[Date]

[Signature of Surrogate]

[Date]

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