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Surrogates should ensure they have a valid contract to get paid

by Fertility & Surrogacy Legal Group, APC | Jan 3, 2024 | Surrogacy Law

In California, throughout the United States and all over the world, surrogacy has opened the door for people who were unable to conceive a child on their own to start a family. This is beneficial to everyone involved including the prospective parents who will have a baby they would not otherwise have and the surrogate who can help others achieve their goals and be financially compensated for it.

However, it is imperative to understand the importance of a valid contract so the surrogate is paid and their other expenses are covered. People who are unfamiliar with the process could find themselves victimized by unscrupulous agencies. Given the personal risks and financial costs of surrogacy, it is vital to be fully protected by a valid contract. One recent case highlights this problem for surrogates.

Woman was never paid after delivering twins as a surrogate

A woman who had a contract with a surrogacy agency stated she was trying to help a couple have children. She carried twins for them and worked directly with the agency owner in moving forward with the process. The contract was done over the internet. According to her, she was supposed to receive the money in a trust account and never received it. The owner of the company was paid.

The surrogate learned this through the couple for whom she had the twins. The birth was done by Cesarean section, increasing the risks she faced. She has been in contact with the owner of the agency trying to discern why she was never paid. The owner asserts that the bank was refusing to release the funds.

Reporters tried to discuss the matter with the owner and went to the office, but it is no longer located there. When they did speak to her, she gave vague answers to their questions. The surrogate received an email saying that the financial issue was being resolved, but she was still waiting to be paid and facing personal and financial challenges because of it.

Surrogates must be protected and understand their rights

Surrogacy law is a specific area that requires specialized knowledge. The agreement is meant to provide them with financial compensation and more. Since this can be complicated and people are vulnerable to being taken advantage of, they must know the details of a legal agreement, how to negotiate and to be protected. This can avoid challenges throughout the surrogacy and ensure everyone is satisfied with the outcome.