A surrogate mother is a woman who carries and gives birth to the child of another woman, who is usually infertile, by way of a pre-arranged legal contract. There are several types of surrogacy. In the gestational surrogacy program, the client family creates embryos via the In Vitro Fertilization process. The client husbands sperm and the client wifes eggs are utilized to create these embryos. These embryos are implanted into the uterus of the surrogate mother. The surrogate mother, who is not genetically related to the child in any way, carries the child on behalf of the client family. Gestational Surrogacy using an egg donor is identical to the gestational surrogacy program. However, another woman donates the eggs used in In Vitro Fertilization.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Florida Surrogate or Surrogacy Agreement for Artificial Insemination between Husband, Wife, and Donor — Identity of Donor Known: Explained In Florida, a Surrogate or Surrogacy Agreement for Artificial Insemination between Husband, Wife, and Donor — Identity of Donor Known is a legally binding contract that outlines the arrangement between the intended parents (husband and wife) and the surrogate or gestational carrier. This agreement is specifically for cases where the identity of the sperm donor is known. It establishes the rights and responsibilities of each party involved and ensures a smooth and ethical process for all. Types of Florida Surrogate or Surrogacy Agreements for Artificial Insemination between Husband, Wife, and Donor — Identity of Donor Known: 1. Traditional Surrogacy Agreement: In a traditional surrogacy agreement, the surrogate or gestational carrier is also the biological mother of the resulting child. This means that the surrogate provides the egg, which is fertilized using the husband's sperm. 2. Gestational Carrier Agreement: In a gestational carrier agreement, the surrogate has no genetic connection to the child. The intended mother's egg or a donor egg is used, fertilized with the husband's sperm, and implanted into the surrogate's womb. The surrogate simply carries and nurtures the baby until birth. Components of a Florida Surrogate or Surrogacy Agreement for Artificial Insemination between Husband, Wife, and Donor — Identity of Donor Known: 1. Statement of Intent: The agreement should clearly state that the intended parents desire to have a child through the surrogate's assistance, and that they will be the legal parents of the child. 2. Definition of Roles and Responsibilities: The agreement outlines the responsibilities of the intended parents and the surrogate or gestational carrier throughout the process. It covers matters such as medical procedures, prenatal care, financial arrangements, and decision-making during the pregnancy. 3. Genetic Relationship: As the identity of the donor is known in this agreement, it should specify the respective genetic contributions of the husband, wife, and sperm donor. Clear provisions regarding any future contact or relationship between the child and the donor should also be included. 4. Parental Rights and Legal Process: The agreement stipulates that the intended parents will be legally recognized as the child's parents, and that any necessary legal procedures, such as a pre-birth order or adoption, will be pursued to establish their parental rights. 5. Financial Compensation and Expenses: This section details the financial aspect of the surrogacy arrangement, including compensation for the surrogate's services, medical expenses, insurance coverage, legal fees, and any other related costs. 6. Confidentiality and Privacy: The agreement should address confidentiality and privacy concerns for all parties involved, ensuring that all sensitive information remains confidential and private throughout the process and thereafter. Seeking Legal Advice: It is crucial for all parties involved in a Florida Surrogate or Surrogacy Agreement for Artificial Insemination between Husband, Wife, and Donor — Identity of Donor Known to seek independent legal counsel. An experienced reproductive attorney in Florida can provide necessary guidance and draft an agreement tailored to meet the specific needs and interests of the involved parties, ensuring compliance with relevant state laws.
