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 Intended Parents:
- Preparation of the Surrogate Agreement conformed to the specific facts of the case. Including the continual monitoring of any changes in law or procedure, and revising and updating the contract provisions on an ongoing basis.
- Review contract and answer questions on the legal and financial process.
- Administering the trust fund upon Intended Parent’s request.
- Counseling Intended Parents regarding the legal ramifications of any decisions that need to be made.
- Preparing and filing, with the court, all paperwork needed to establish Intended Parents’ parental and custodial rights.
- Representing the Intended Parents at Court appearances.
Read more about the new Gestational Surrogacy Law in Spain.
Statement of October 5, 2010, from the Directorate General of Registries and Notaries, regarding the registration process for the parents of children born through gestational surrogacy.
Click Here to download a .pdf (207 KB) about the new Spanish law. Please note that this is an unofficial translation.
