For many families in California, surrogacy is the only way to bring a biological child into the world. And navigating the process of surrogacy can be complicated, leaving you worried about what will and won’t happen, as well as what can and shouldn’t occur.
That’s why before proceeding with surrogacy you’ll want to have a strong agreement in place that spells out the details of the arrangement, as well as one that lays out the expectations and obligations of each party.
What you should negotiate in your surrogacy agreement
A surrogacy agreement needs to be detailed and thorough. Here are just some of the terms that you’ll want to be sure to capture and effectively negotiate in your agreement:
- Transfers: You’ll want to be clear with how many attempts to transfer you’ll make and whether there are any conditions on those transfers.
- Travel: Restrictions should be placed on travel, especially as the pregnancy moves into its later stages.
- Medical care: You’ll want your agreement to clearly specify the medical care that the carrier is to receive, and you might even want to negotiate some restrictions on the carrier’s daily activities to protect the pregnancy.
- Pumping: If you want the carrier to pump breast milk, then you’ll need to negotiate that in your surrogacy agreement, as well as the fee that will be paid for this.
- Communication: You wouldn’t think that communication with your carrier is something that you’d have to commemorate in a contract, but it’s best to do so to protect your interests and ensure that you’re kept informed throughout the pregnancy.
Draft the surrogacy agreement that’s right for you
There are many other terms to address in a surrogacy agreement. That’s why before entering into one of these contracts you need to have a firm understanding of what they can and should accomplish. To learn more about what your surrogacy agreement should look like, please continue to read our website and educate yourself on the process.
