A surrogacy contract refers to an arrangement between intended parents and the surrogate. The contract ensures that both the surrogate and the intended parents understand their rights and duties throughout the pregnancy. Here’s how to form a surrogacy contract in California.
California is one of the most surrogacy-friendly states in the United States. Both surrogates and intended parents need to be represented by a California surrogacy attorney to ensure that their interests are represented in the surrogacy contract. This contract must be completed and approved before any fertility medications or other medical steps can be taken by the surrogate.
What should be included in the surrogacy contract?
Every surrogacy contract should include an outline of finances and social requirements. The finances should include compensation for the surrogate and additional payment items (such as maternity clothes). The contract should also include additional compensation for any possible complications that may arise or unforeseen circumstances.
Related: 10 Steps to the California Surrogacy Process
How much is surrogate compensation in the typical surrogacy contract?
Every surrogacy is different and dependent on many factors. However, the average range for surrogacy is from about $90,000-$130,000 depending on individual circumstances.
Related: How Much Are Surrogacy Costs in California?
The social requirements that should be outlined in the surrogacy contract should include the surrogate’s basic responsibilities throughout the pregnancy, such as abstaining from alcohol and smoking. Most contracts also include the social arrangements between the intended parents and the surrogate, such as the attendance of important appointments and the birth of the child.
Forming the Surrogacy Contract
The minimum requirements of a surrogacy contract include the following:
- The date the contract was crafted
- The individuals from which the gametes (the sperm and the egg) to be used originated
- The names of the intended parents
- The process for any necessary pre-birth or parentage orders
- The risks and the responsibilities of the intended parents and the surrogate
- The compensation of the surrogate
- Agreement on sensitive issues, such as selective reduction or other potential issues
- Expectations on contact between the intended parents and the surrogate
- Who will be in attendance at important appointments, as well as the birth of the child
The attorney for the intended parents, as well as the surrogate, will ensure that the surrogacy process is completed in accordance with California surrogacy law. Once this contract has been finalized, the surrogate can proceed to take any medications or any medical steps necessary to begin the surrogacy process.
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If you or a loved one would like to know more about how to form a surrogacy contract in California, get your free consultation with one of our experienced California Family Law Attorneys today!