Legal Definitions - surrogate-parenting agreement

A surrogate-parenting agreement is a formal legal contract between an individual or couple (known as the intended parent(s)) and a woman (known as the surrogate mother).

In this agreement, the surrogate mother agrees to carry a pregnancy to term for the intended parent(s) and, upon the child's birth, to legally relinquish all parental rights and responsibilities to them. These agreements are carefully drafted to outline the rights and obligations of all parties involved, including medical procedures, financial arrangements, and the transfer of legal parentage. If the surrogate mother is married, her spouse typically also provides consent to the terms of the agreement.

Here are some examples of how a surrogate-parenting agreement might apply:

• Example 1: A Couple Facing Infertility
  Sarah and Mark, a married couple, have been trying to conceive for years, but Sarah is unable to carry a pregnancy to term due to a medical condition. They decide to pursue surrogacy and enter into a surrogate-parenting agreement with Emily. Emily agrees to be implanted with an embryo created from Sarah's egg and Mark's sperm, carry the pregnancy, and then legally transfer parentage to Sarah and Mark after the birth. The agreement meticulously outlines Emily's medical care during pregnancy, financial compensation for her time and expenses, and the legal steps for Sarah and Mark to become the child's sole legal parents.

• Example 2: A Same-Sex Couple Starting a Family
  David and Alex, a married gay couple, wish to start a family. They sign a surrogate-parenting agreement with Maria. Maria agrees to carry a pregnancy using an embryo created with a donor egg and David's sperm. The agreement details Maria's role, the medical process, financial terms, and ensures that upon the child's birth, David and Alex will be recognized as the legal parents, with Maria relinquishing all parental rights and responsibilities to them.

• Example 3: A Single Individual's Journey to Parenthood
  Jessica, a single woman, wants to have a child but cannot carry a pregnancy herself due to health reasons. Jessica enters into a surrogate-parenting agreement with Chloe. Chloe agrees to carry an embryo, created from a donor egg and donor sperm, for Jessica. The agreement outlines the responsibilities of both parties, the financial aspects, and crucially, Chloe's commitment to relinquish all parental rights to Jessica after the birth, making Jessica the sole legal parent of the child.