Our team is experienced in the unique elements of reproductive law; having managed over 1,200 surrogacy cases we are well attuned to the scenarios and circumstances that may occur in the surrogacy process, and offer legal protections for surrogate carriers, both traditional and gestational, to ensure their interests and wishes are reflected in the surrogacy agreement.
Recognizing that the surrogacy agreement establishes that the surrogate is not the intended legal parent of the child in cases of gestational surrogacy, it is important that the rights and intentions of the surrogate are protected. Generally, the terms of the contract include compensation (health related emergencies, bedrest, carrying multiples, leave, childcare and travel), assigns control of medical decisions, addresses any obligations of the surrogacy carrier in terms of health appointments, and other related health decisions, and details the rights, obligations, expectations and intentions of both the carrier and the intended parents.
We advise that legal agreements take into account all the elements of surrogacy from pregnancy through to post-birth in order to protect the rights and interests of the surrogacy carriers and to reduce liability of risks, as there are many variables and scenarios that occur during the surrogacy process. If you are considering becoming a surrogate carrier, please contact our office to consult with a legal advisor on how to best protect you, your family and your interests throughout the process.