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 South 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 a known donor. This agreement is specifically designed for cases where the husband's sperm is not viable or unable to conceive naturally with the wife, requiring the assistance of a known donor. The Surrogate or Surrogacy Agreement for Artificial Insemination involves several important components, including the identification of all parties involved, the explicit consent of the husband and wife for the use of the sperm donor's genetic material, and the agreed-upon rights and obligations of each party. This agreement ensures that all parties understand their roles and responsibilities throughout the surrogacy process. There are different types of Surrogate or Surrogacy Agreement for Artificial Insemination between Husband, Wife, and Donor — Identity of Donor Known that can be tailored to fit specific circumstances. These may include: 1. Traditional Surrogacy Agreement: This type of agreement involves the surrogate becoming pregnant with her own egg and the husband's sperm through artificial insemination. In this case, the surrogate acts as both the genetic mother and the gestational carrier. 2. Gestational Surrogacy Agreement: This agreement is commonly used in cases where the wife is unable to carry the child herself due to medical reasons or other complications. The surrogate, who is not genetically related to the child, carries the embryo conceived through in vitro fertilization (IVF) using the husband's sperm and, in some cases, a donor egg. 3. Collaborative Surrogacy Agreement: This type of agreement might be chosen when the wife is able to contribute her eggs but unable to carry the pregnancy herself. It involves the collaborative efforts of the intended mother, surrogate, and donor to achieve pregnancy through IVF. The surrogate carries the embryo created with the intended mother's egg and the husband's sperm. Regardless of the specific type, a South Carolina Surrogate or Surrogacy Agreement for Artificial Insemination between Husband, Wife, and Donor — Identity of Donor Known ensures that all parties have a comprehensive understanding of their rights, responsibilities, and expectations.