A gestational surrogacy agreement is intended to anticipate many of the questions that may arise during a surrogacy journey. And while intended parents and a gestational surrogate enter the process with the same general goal, pregnancy can create circumstances that no one can predict. A detailed agreement gives everyone a framework for handling those circumstances before problems arise.
A gestational surrogacy agreement addresses much more than compensation, as they also define the responsibilities each party has to the other. Because surrogacy laws vary by state, it’s natural to wonder what a gestational agreement can anticipate. Below, we outline what you can expect.
What Is a Gestational Agreement?
A gestational agreement is a contract between a gestational surrogate, her spouse or long term partner, if any, and the intended parent(s). The agreement establishes each party’s rights and responsibilities before the embryo transfer and pregnancy.
These contracts attempt to address issues that might otherwise create uncertainty later, and they document the parties’ intentions concerning parentage. That issue matters because states do not all follow the same procedures for establishing the intended parents as the child’s legal parents.
What Financial Issues Can a Gestational Surrogacy Agreement Anticipate?
A gestational surrogacy agreement establishes how the parties will handle compensation and pregnancy-related expenses. These issues are frequently what lead to conflict, so having them settled and in writing beforehand is a good idea.
For compensated arrangements, the contract explains the surrogate’s base compensation and payment schedule. It also addresses additional compensation associated with circumstances such as carrying a multi-fetal pregnancy, undergoing certain procedures, or requiring additional medical care. These agreements also provide for expenses related to travel, maternity clothing, or child care as well.
How Can the Agreement Address Medical Decisions?
A gestational surrogacy agreement also addresses expectations concerning prenatal care, medical procedures, and communication about the pregnancy. These expectations are always balanced with the surrogate’s right to make decisions concerning her own medical treatment.
These contracts offer a lot of flexibility when it comes to other issues, like establishing expectations about attending appointments, receiving medical information, and communicating with the surrogate’s healthcare providers. Your attorney can help you understand what to expect from these agreements.
Can a Gestational Surrogacy Agreement Prepare for Pregnancy Complications?
No contract can predict every medical development, but a gestational surrogacy agreement can establish procedures for responding to most foreseeable complications. These provisions give the parties guidance if circumstances change unexpectedly. For example, a complication could prevent the surrogate from working or require extended bed rest. The agreement addresses lost wages, childcare, transportation, additional living expenses, or other financial consequences.
What Can the Agreement Say About the Birth?
A gestational surrogacy agreement will address expectations for the birth itself. These terms may cover who can attend the delivery or how the parties will communicate if circumstances require changes to the original plan. The agreement will also address the legal steps required to establish parentage. Depending on the state, intended parents may need a pre-birth order, post-birth order, adoption proceeding, or another legal process.
A Gestational Surrogacy Agreement Cannot Anticipate Every Situation
As important as these contracts are, it’s worth remembering that anticipating every possible problem or challenge is never possible. The best way to protect yourself throughout this process is by relying on a reproductive law attorney you trust to help you draft the ideal agreement.
If you are preparing for a gestational surrogacy arrangement, legal guidance can help you understand your rights and responsibilities before treatment begins. Contact TR Law Offices to discuss your gestational agreement and the laws that may apply to your arrangement.
