Surrogacy can be a great option if you’re struggling to or are incapable of having children on your own. Yet, it’s a very involved legal process, and for good reason. You don’t want to overlook something that could negatively impact your ability to secure parental rights and protect your child’s health.
That’s why before moving forward with the process you need to understand what goes into a strong surrogacy agreement, including provisions that speak to the gestational surrogate mother’s behavior.
You can’t fully control the actions of your gestational surrogate mother. However, there are key behaviors that you’ll want to address in your surrogacy agreement if possible. For example, you might want to include provisions that speak to the following:
- The surrogate mother’s diet
- The amount of exercise in which the surrogate mother engages
- Whether the surrogate mother will be allowed to use certain chemicals on themselves when pregnant, such as those used in hair dyes
- Any travel restrictions that you want to place on the surrogate mother, which would be aimed at reducing their risk of exposure to dangerous diseases
- The type of medical care the surrogate mother receives.
There may be other behaviors that are directly tied to the child’s well-being. If you think of any, be sure to address them in your surrogacy contract.
Potential consequences of not addressing specific surrogate behaviors in the agreement
Neglecting to specify surrogate behaviors in surrogacy agreements can lead to disputes and legal challenges, potentially affecting the overall outcome of the surrogacy process. We listed some of the consequences from our experiences:
- Diet and Lifestyle: Without clear guidelines, disagreements over the surrogate’s diet or lifestyle choices could lead to conflicts.
- Use of Chemicals: Using certain chemicals without the specified restrictions could raise health concerns from the intended parents.
- Travel Restrictions: Undefined travel limits may risk the surrogate’s and unborn child’s health, leading to potential legal disputes.
- Medical Care Compliance: Failure to follow agreed-upon medical care can lead to disputes over breach of contract and endanger the child’s health.
- Decisions on Pregnancy Termination: Lack of agreement on handling medical recommendations for termination could result in severe conflict.
- Post-Birth Behavior: Ambiguities around post-birth care and contact can lead to disagreements.
Scope of dispute resolution
A clearly defined dispute resolution process is an essential component of a comprehensive surrogacy agreement. This process is crucial for handling any disagreements that may arise, particularly those related to the surrogate’s behavior, in a way that protects the relationship between the intended parents (IPs) and the surrogate. By outlining a method for resolving disputes, all parties can have peace of mind, knowing there are steps in place to address concerns without escalating tensions.
Key Elements of a dispute resolution section
- Mediation: Start with mediation to encourage dialogue and find mutual solutions, facilitated by a neutral third party.
- Arbitration: If mediation fails, arbitration provides a binding decision from an arbitrator, offering a quicker, less formal resolution than court proceedings.
- Independent Legal Advice: Both parties should have legal counsel to navigate disputes informedly and protect their interests.
- Relationship Focus: Aim to preserve the IPs’ and surrogate’s relationship, prioritizing respect, confidentiality, and everyone’s well-being.
- Fairness and Flexibility: Ensure the process is adaptable to various disputes and fair, with clear timelines for resolution.
- Clear Documentation: Maintain detailed records of the dispute resolution process for transparency and clarity.
How you handle your surrogacy agreement can have a profound impact on you, your child, and your family. That’s why you need to be as diligent, thorough, and thoughtful as possible when negotiating one of these agreements. By doing so, you’ll hopefully be able to put your fears to rest and confidently move forward with the process that offers so much promise to be realized.
