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Do you have a valid surrogacy contract?

If you and your spouse or partner are using a surrogate to bear your child, you want to be certain that your surrogacy contract is ironclad and without wiggle room.

All surrogacy contracts are not the same, and yours should reflect your and your partner's needs, concerns and wishes. Also, the surrogate should retain her own legal counsel so that no issues can be later introduced regarding conflict of interest.

Below are some contingencies you might want to include and address in your surrogacy contract.

  • The parties' full legal names
  • The date the contract was signed
  • Proof that all involved are 18 or older
  • Surrogate's agreement to complete all requested psychological and physical exams
  • Pertinent details regarding the health insurance coverage of the surrogate, as well as a written agreement to maintain existing coverage
  • Consent of the surrogate to refrain from sexual intercourse while attempting to become pregnant with the surrogate baby
  • Agreement of the total amount of efforts to achieve a viable pregnancy
  • Surrogate's consent to give up all drugs, smoking and alcohol during the pregnancy
  • Surrogate's promise not to terminate the pregnancy unless her life is at stake
  • Surrogate's agreement to terminate all parental rights once the baby is born
  • Agreement that surrogate and any legal spouse of surrogate has neither rights to legal or physical custody of the surrogate's baby
  • Surrogate's agreement that the baby will be released to the legal parents as soon as is possible after the birth
  • Clearly defined financial and other terms to be included with the surrogacy contract
  • Who will and will not be allowed to be present for prenatal exams and the actual labor and birth

The surrogate also may want to include other terms that protect her and her right to compensation. One example might be that she still be financially compensated in the event that the pregnancy does not result in a live baby.

This is but the tip of the surrogacy contract iceberg. You may wish to include additional terms. It's vital that you express your concerns clearly to your Peoria family law attorney to make sure that your wishes are included.

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