Why is a Surrogate Agreement Necessary?
- Legal history in California has shown that the Surrogate Agreement becomes an important tool in the event of a Surrogacy Case dispute. The Surrogate Agreement is reviewed and ultimately the Court rules for the party who intended on raising the child(ren).
- Each party’s responsibilities are established which minimize misunderstandings.
- Financial responsibility is established on the part of the Intended Parents and details the financial process.
- It establishes that the Intended Parents are legally and financially responsible for the Child regardless of his/her health.
- All parties are mandated by the Surrogate Agreement, including spouses or cohabitating partners, to be medically screened to protect the health and well-being of the Surrogate and the Child.
The role of the attorney for the Surrogate Mother:
- Ensuring that the Surrogate Mother receives separate legal counsel from Intended Parents.
- The Surrogate Mother’s attorney reviews Surrogate Agreement with her and her husband and answers questions regarding the legal and financial process.
- Explaining to the Surrogate Mother that she must do all things necessary to assist Intended Parents in establishing their parental rights.
- Explaining to the Surrogate Mother that the Intended Parents will do all things necessary to establish their legal parental rights.
- Ensuring Surrogate Mother understands that all parties will hold any personal information made available through this process in the utmost confidence.
- The Surrogate Mother’s attorney role is completed once The Surrogate Mother and her spouse/partner have signed Surrogate Agreement.
