standard Traditional Surrogacy Agreements

Traditional surrogacy involves additional legal complications and processes such as the termination of parental rights and the adoption of step-parents. For these reasons, it is very important to consult an experienced lawyer at every stage of the traditional surrogacy process. Some jurisdictions explicitly prohibit only commercial and non-altruistic gestation. Even jurisdictions that do not prohibit surrogacy may decide that surrogacy contracts (commercial, altruistic or both) are not valid. If the contract is either prohibited or void, there is no recourse if a party to the agreement has a change of attitude: if a surrogate mother changes her mind and decides to keep the child, the intended mother is not entitled to the child, even if it is her genetic offspring, and the couple cannot recover money: that they paid to the surrogate mother; If the intended parents change their mind and do not want the child, the surrogate mother cannot receive money to offset the promised expenses or payment, and she is abandoned with legal custody of the child. Since the Baby M decision, several state courts have considered “What could go wrong?” Scenarios in surrogacy agreements. The results are very different, as there is no federal law and each state addresses the issue for itself. It is important that all surrogacy agreements follow the necessary steps before conception, including legal advice and legal advice for all parties. If you don`t follow these steps, you may not be able to apply for a parentage order and there is a risk of not following the steps necessary to enter into a real surrogacy agreement.