The surrogacy agreement will be a road map of the process. Typically, a surrogacy agreement will include the following:
• Parental rights
• Location of delivery and choice of law
• Future contact between the parties health insurance
• Insurance obligations
• Medical decisions during pregnancy: who will make them and how
• Payment of medical bills
• Liability for medical complications if any
• Financial considerations, such as the gestational surrogate’s compensation and expenses, including lost wages, legal fees, child care, housekeeping, maternity clothes, and life insurance
• The need to provide medical history and personal medical information
• Continued contact through the process, including the intended parents’ presence during physician visits and the delivery
• Informed consent
The surrogacy agreement will be drafted in a way that will allow you to understand all the obligations and considerations, clearly and comfortably.
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NOTE: We will ensure that your gestational surrogate (and donor) is represented by competent, independent legal counsel, who will be responsible for the review of the agreement, as well as for issuing a legal clearance letter indicating that the gestational surrogate (and her husband if she is married) and/or donor understands clearly the issues set forth in the contract, is proceeding with the arrangement voluntarily and without any coercion or undue influence, and is in full agreement with the terms of the agreement.
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