For many couples, the topic of having children is the most crucial decision they’ll ever make. Starting and growing a family is a challenge that proves to be a fulfilling experience for those who are able to do so. Unfortunately, not every couple is able to conceive children together because of genetic or other issues. Thankfully, modern technology provides avenues to growing your family even when these issues are present.
One popular avenue to bringing a child into your family is to find a surrogate to carry your child to term. The most common form of surrogacy is known as gestational surrogacy. This means that the person carrying the child is not related to the child they are carrying. The child is fertilized outside of the womb by the parents or chosen donors, and then the surrogate carries and gives birth to the child.
It’s important to define the parties involved in this process:
- The intended parents are the couple who intend to raise the child.
- The surrogate mother, or simply the surrogate, is the mother physically carrying and giving birth to the child.
Surrogacy is no simple thing, but it can be hugely rewarding to all parties involved. Before formally starting the process, it is essential to create a Gestational Surrogacy Agreement, which you may also see referred to as a Gestational Carrier Agreement. This is a document that clearly states the roles and responsibilities of all parties involved, as well as what they all receive in exchange for completing their part of the deal. Having one of these agreed upon before surrogacy begins is imperative for legal and familial reasons.
The surrogacy may be compensated with money or not compensated at all. The Gestational Surrogacy Agreement should clearly spell out who will cover the expenses of the pregnancy and other expenses throughout the process. Typically, the intended parents will pay for everything necessary to take care of the surrogate mother. Payment of these medical bills may also come with the final say on medical decisions concerning the child depending on the agreement. Whether or not the intended parents expect to physically be at doctor’s appointments concerning the child should be addressed ahead of time.
The Gestational Surrogacy Agreement should also cover the future relationship between the intended parents, the surrogate mother, and the child. Some surrogate mothers will want to be an active part of their child’s lives while others want to be completely separated from the child at birth or shortly after. Some intended parents will also not want the surrogate involved which makes choosing a surrogate an important decision. These feelings and decisions are complicated and will change over time, so it is important to have your policies firmly decided before the process even begins.
Surrogacy, like all childbirth, can be wonderful and demanding. You must have a Gestational Surrogacy Agreement firmly in place before beginning the surrogacy process to protect yourself and your child. It is important to have this document looked at by a lawyer to make sure that it is legally sound. Contact KL Family Law with all your family law needs and a firm that helps families move forward with compassion and integrity!
KL Family Law
Latest posts by KL Family Law (see all)
- Relocating? Make Sure Your Existing Custody Agreement Sticks - April 15, 2024
