Should you use a surrogacy contract?

On Behalf of | Jul 6, 2023 | Family Law |

A baby is a joyful addition to any household. However, not everyone can, or wants, to carry a child. According to the Centers for Disease Control and Prevention, surrogates birth approximately 750 babies in the United States each year.

You may find yourself considering surrogacy if you wish to expand your family but face fertility challenges. Indiana, like many states, allows for gestational surrogacy arrangements. However, entering such an arrangement without a clear agreement can lead to serious issues down the line. Having a surrogate sign a contract before carrying your baby provides a clear understanding of the rights, roles and responsibilities of all parties involved.

What does a surrogacy contract cover?

A surrogacy contract, also known as a gestational carrier agreement, outlines the expectations and responsibilities of the intended parents and the surrogate. This document covers aspects such as medical procedures, compensation, parental rights, potential risks and the plan for the birth of the child.

Why do you need a surrogacy contract?

Having a contract in place ensures that both you and the surrogate have a mutual understanding of what the process entails. It protects your rights as the intended parents and clarifies the surrogate’s role, which is to carry the baby for you.

Can you create a surrogacy contract on your own?

Although it might be tempting to draw up an agreement on your own, it is best to work with someone who has experience with surrogacy contracts. They will help you understand the legal jargon and ensure that you cover all necessary points.

What happens if you do not have a surrogacy contract?

Without a surrogacy contract, you could face significant legal issues. There might be confusion about who the legal parents of the child are, leading to potential custody disputes. Furthermore, the surrogate might not fully understand her role or the commitment she is making.

If you are considering surrogacy in Indiana, make sure you have a comprehensive surrogacy contract in place before the surrogate carries your baby. You owe it to yourself, the surrogate and your future child to start this journey with clear communication and understanding.