A "surrogate" is a woman who bears a child or children on behalf of other parents. There are two typical surrogate situations: artificial insemination and in vitro fertilization. There are often numerous concerns both ethically and legally regarding surrogate arrangements.
Typical surrogate agreements cover a wide variety of topics. The most basic agreements cover issues such as:
There is great debate as to whether surrogates should be granted compensation for their childbearing services. Many states are trying to avoid "baby selling," and thus, many forms of surrogacy are a felony and punishable by significant fines and imprisonment. If you are contemplating a surrogacy arrangement, it would be wise to consult with an attorney first.
If you are entering a surrogacy agreement, a formal surrogacy contract is essential to the preservation of your rights as a parent. Some states require that there be a written contract for a surrogacy arrangement to be legal. Although contracts serve as strong evidence of an agreement, there is no guarantee that a contract will be upheld in court. A court will not hesitate to modify a contract if it is in the best interests of a child.
If you are contemplating a surrogacy arrangement, it would be wise to consult with an attorney. The controversial nature of surrogacy agreements has led to many conflicting viewpoints amongst the states. Speaking with the proper lawyer will help you understand your rights and obligations, and protect your interests.
Last Modified: 10-03-2016 09:00 PM PDTLaw Library Disclaimer
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