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.
In North Carolina, a Surrogate or Surrogacy Agreement for Artificial Insemination between Husband, Wife, and Donor — Identity of Donor Known is a legally binding document that outlines the terms and conditions between the intended parents (husband and wife) and the surrogate mother for the purpose of artificial insemination with a known donor. This agreement provides a clear understanding and protection of the rights and responsibilities of all parties involved in the surrogacy process. The North Carolina Surrogacy Agreement ensures that the husband and wife have the legal rights to the child that will be conceived through artificial insemination. It typically includes detailed provisions such as: 1. Parties' Information: The agreement will identify the intended parents (husband and wife) and the surrogate mother, including their names, addresses, and contact details. 2. Definitions: The document will define key terms related to surrogacy, such as artificial insemination, known donor, and legal parentage, to avoid any confusion or misinterpretation. 3. Consent and Assumption of Risk: The agreement will include sections where the surrogate mother acknowledges her full understanding of the surrogacy process, its potential risks, and gives her informed consent to proceed. 4. Medical Procedures: It will outline the specifics of the artificial insemination procedures, including the expected number of attempts, timing, and any necessary medical examinations or tests. 5. Legal Parentage: The agreement will address the intended parents' legal parentage of the child, stating that the surrogate mother intends to relinquish all parental rights and responsibilities upon birth. 6. Compensation and Expenses: The agreement will define the financial obligations, including compensation, medical expenses, insurance coverage, and any additional expenses resulting from the surrogacy process. It ensures that the surrogate mother will receive fair compensation for her time, effort, and potential health risks. 7. Confidentiality: This section addresses the privacy and confidentiality of all parties involved, including the identity of the donor, and ensures that sensitive information will be treated with utmost discretion. It's important to note that there can be different variations or specific types of Surrogate or Surrogacy Agreements for Artificial Insemination between Husband, Wife, and Donor — Identity of Donor Known in North Carolina, tailored to meet individual circumstances or preferences. These variations may include elements such as: — Gestational Surrogacy Agreement: Specifically outlining the use of a gestational surrogate who carries an embryo created through in vitro fertilization (IVF) with the husband's sperm and either the wife's eggs or an egg donor's eggs. — Frozen Embryo Transfer Agreement: Covering the process where a frozen embryo, created earlier through IVF, is transferred to the surrogate's uterus. This agreement focuses on the specific requirements and legal aspects of using a frozen embryo. — Egg Donor Agreement: In cases where the wife cannot provide her own eggs, this agreement focuses on the use of an egg donor and incorporates the additional legal considerations related to the egg donation process. It is important for parties involved in the surrogacy agreement to consult with legal professionals specializing in reproductive law in North Carolina to draft a comprehensive and legally sound agreement that protects the rights and best interests of all parties involved.
