Legal Definitions - surrogacy contract

A surrogacy contract (also known as a surrogate-parenting agreement) is a legally binding document between intended parents and a surrogate. It outlines the rights, responsibilities, and expectations of all parties involved in a surrogacy arrangement, where a woman agrees to carry a pregnancy for another person or couple. This contract typically covers critical aspects such as medical procedures, financial compensation (if applicable), the legal parentage of the child, and what happens during and after the pregnancy.

Here are some examples to illustrate how a surrogacy contract works:

• Example 1: Gestational Surrogacy for a Heterosexual Couple

  Sarah and Tom, a married couple, are unable to carry a pregnancy to term due to a medical condition. They decide to pursue gestational surrogacy and find Maria, who agrees to be their gestational carrier. They enter into a surrogacy contract that meticulously details Maria's medical care throughout the pregnancy, the financial compensation she will receive for her time and effort, and the agreement that Sarah and Tom will be recognized as the legal parents from the moment of the child's birth. The contract also specifies that Maria has no genetic link to the child and will legally relinquish all parental rights immediately after delivery, ensuring a clear path to parenthood for Sarah and Tom.

• Example 2: Surrogacy for a Same-Sex Couple

  David and Mark, a same-sex couple, wish to start a family. They use an egg donor and David's sperm to create an embryo, which is then implanted into Emily, their chosen gestational surrogate. Their surrogacy contract clearly establishes David and Mark as the intended parents. It outlines the medical protocols Emily will follow, the financial arrangements for her services, and her explicit agreement to carry the pregnancy to term for David and Mark. Crucially, the contract legally ensures that Emily will have no parental rights or responsibilities for the child, solidifying David and Mark's legal parentage from birth.

• Example 3: Altruistic Surrogacy within a Family

  Elena and her husband have faced years of infertility. Elena's sister, Sofia, generously offers to be a gestational surrogate for them, carrying an embryo created from Elena's egg and her husband's sperm. Even though Sofia is not receiving financial compensation beyond reimbursement for pregnancy-related expenses (an "altruistic" arrangement), they still draft a comprehensive surrogacy contract. This contract formally outlines Sofia's commitment to carry the pregnancy, Elena and her husband's legal parentage, and the clear understanding that Sofia will not have any parental rights or obligations. This legal agreement protects all parties, clarifies expectations, and prevents potential misunderstandings within the family, ensuring a smooth process for everyone involved.