Surrogacy Agreement Sample

Surrogacy is a process where a woman carries a baby for someone else who is unable to get pregnant or carry a baby. It is gaining popularity in recent years due to the advancements in technology and medical science. However, before the process of surrogacy begins, it is important to have a surrogacy agreement in place. In this article, we will discuss what a surrogacy agreement is and provide a sample of a surrogacy agreement.

What is a surrogacy agreement?

A surrogacy agreement is a legally binding contract between the intended parents and the surrogate mother. It outlines the terms and conditions of the surrogacy, including the surrogate’s compensation, medical expenses, and expectations during the pregnancy. Surrogacy agreements are important because they protect the rights of all parties involved and ensure that everyone is on the same page.

What should a surrogacy agreement include?

A surrogacy agreement should include the following:

1. Compensation: The agreement should detail the compensation that the surrogate mother will receive for her services. This can include a base fee, reimbursement for medical expenses, and other expenses related to the pregnancy.

2. Medical expenses: The agreement should specify who will be responsible for paying for medical expenses related to the surrogacy, including prenatal care and delivery.

3. Expectations during the pregnancy: The agreement should outline what is expected of the surrogate mother during the pregnancy, including lifestyle changes, medical appointments, and communication with the intended parents.

4. Parental rights: The agreement should specify the parental rights of the intended parents and the surrogate mother. This can include who will have custody of the child after birth and who will make medical decisions for the child.

Sample of a surrogacy agreement:

The following is a sample of a surrogacy agreement. This is just an example and should not be used without consulting a lawyer.

SURROGACY AGREEMENT

This Surrogacy Agreement (the “Agreement”) is entered into on __________, 20__ by and between __________ (the “Intended Parents”) and __________ (the “Surrogate”).

1. Compensation. The Intended Parents agree to pay the Surrogate a fee of $__________ for her services as a surrogate. The Surrogate will also be reimbursed for all medical expenses related to the surrogacy.

2. Medical Expenses. The Intended Parents will be responsible for paying all medical expenses related to the surrogacy, including prenatal care and delivery.

3. Expectations during the Pregnancy. The Surrogate agrees to maintain a healthy lifestyle during the pregnancy, attend all medical appointments, and keep the Intended Parents updated on the pregnancy. The Intended Parents agree to support the Surrogate during the pregnancy and provide any necessary assistance.

4. Parental Rights. The Intended Parents will have all parental rights to the child after birth. The Surrogate will have no legal rights or obligations to the child.

5. Termination. This Agreement may be terminated by either party at any time by providing written notice to the other party.

6. Governing Law. This Agreement will be governed by the laws of the state of __________.

7. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements or understandings.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

Intended Parents:

__________________

Surrogate:

__________________