Surrogate Parenting Agreement
Understanding this form
The Surrogate Parenting Agreement is a legal contract between a surrogate mother and the intended parents, typically a husband and wife. It outlines the terms under which the surrogate will conceive, carry, and relinquish the child to the intended parents. This agreement is essential for clarifying parental rights and responsibilities, ensuring that everyone understands their obligations and the process involved in surrogacy. It differs from general parenting agreements by specifically focusing on surrogacy arrangements and parental relinquishment.
When to use this form
This form is used when couples wish to engage a surrogate to carry their child. It is applicable in various scenarios, such as when intended parents face infertility issues or when single individuals seek to become parents through surrogacy. The agreement helps establish clear legal parameters and expectations between all parties involved and ensures the regulatory and legal framework is adhered to during the surrogacy process.
Who should use this form
- Couples who want to use a surrogate to conceive a child.
- Individuals who are considering surrogacy as a means of starting a family.
- Legal representatives and attorneys assisting clients in drafting and signing agreements related to surrogacy.
How to complete this form
- Identify all parties involved, including the surrogate, her husband, and the intended parents.
- Specify the details of the artificial insemination process and medical procedures to be followed.
- Outline financial agreements, including compensation for the surrogate and coverage of medical expenses.
- Agree on legal responsibilities, including custody arrangements post-birth.
- All parties should sign the agreement and have it witnessed or notarized as per legal requirements.
Does this document require notarization?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to clearly outline the financial responsibilities can lead to disputes later.
- Not including specific medical protocols regarding pregnancy can result in misunderstandings.
- Assuming that all parties have the same understanding of parental rights without explicit definitions.
- Forgetting to include dispute resolution procedures, which can complicate issues if they arise.
Why use this form online
- Convenience of downloading and completing the agreement at your own pace.
- Access to templates drafted by licensed attorneys, ensuring legal soundness.
- Easily editable to accommodate specific needs without the hassle of starting from scratch.
- Immediate availability, allowing you to address surrogacy plans promptly.
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FAQ
Can a surrogate mother decide to keep the baby? No.Once legal parenthood is established, the surrogate has no legal rights to the child and she cannot claim to be the legal mother. In the same vein, the contract protects the surrogate from any kind of legal or medical responsibility for the child.
Typically, a surrogate's base compensation is between $30,000 and $40,000 and can vary based on a number of factors, including her location, experience with surrogacy, and more. This surrogacy cost will be determined prior to the embryo transfer and will be included in your surrogacy contract.
The commissioning parents must be unable to give birth to a child and the condition must be permanent and irreversible, and the surrogates must have had at least one healthy (still living) child prior to the surrogacy agreement being concluded.
The increase in price is due to the application of an IVF, in addition to legal preparations and agency requirements. According to West Coast Surrogacy, intended parents can expect to pay anywhere from $90,000 to $130,000 for their gestational surrogacy.
California has held that surrogate mother contracts are specifically enforceable, at least where both the egg and sperm are donated by individuals other than the surrogate who bears the child.
Any required surrogate mother income tax would have to be identified by a local tax lawyer. If there is a situation in which a professional or intended parents issue a 1099-MISC to their surrogate, she must claim her compensation as income.
Technically, none! There are no ACA medical plans that are specifically designed to cover a woman for surrogacy. She will need to have a medical insurance plan that does not have an exclusion for her using the maternity benefit of the policy while acting as a surrogate.
Traditional surrogacy is banned in many states. A traditional surrogate is the biological mother of her child, meaning she has parental rights and the power to change her mind and keep the baby.
Generally, the intended parents will work with their attorney to draft the initial contract, which will then be sent to the surrogate and her attorney for review.The contracts can then be signed, and the intended parents and surrogate will move forward with medical procedures.