Surrogacy arrangements are complex. Many issues must be covered to include the following:
#1: Parties’ Information: Include complete contact details of all parties involved, including the intended parents and the surrogate.
#2:Intentions and Expectations: Clearly state the mutual agreement between the surrogate and intended parents, confirming the surrogate’s commitment to carry the child and the intended parents’ commitment to assume parental rights and responsibilities.
#3:Compensation and Expenses: Specify the financial arrangements, including the surrogate’s compensation, reimbursement of medical expenses, prenatal care, and any additional costs related to the pregnancy, ensuring compliance with Illinois laws.
#4:Medical Procedures and Care: Detail the medical procedures involved, such as IVF, embryo transfer, and prenatal care. Address the surrogate’s agreement to follow medical recommendations and adhere to necessary lifestyle and health requirements.
#5:Legal Rights and Responsibilities: Clearly establish that the intended parents will have full parental rights and responsibilities for the child, while the surrogate will not have any parental rights or obligations. Include provisions for the surrogate’s cooperation with legal proceedings, such as pre-birth orders and the relinquishment of parental rights. Medical compliance should be addressed.
#6.Travel Restrictions: For legal reasons related to parentage and legal procedural requirements as well as health and safety reasons, the surrogate will be restricted in travel. Typically, starting with the 2nd trimester, surrogates are not allowed to travel outside their state. During the last semester a surrogate’s travel is limited further by how far she can travel from the delivery hospital.
#7:Confidentiality and Privacy: Address the confidentiality and privacy concerns of all parties involved. Items to be addressed should include the sharing of information with third parties and the confidentiality of medical records and personal information. Future contact including contact with any child/ren born through the surrogacy arrangement should be addressed.
#8:Termination or Abortion: Specify the parties’ preferences and expectations regarding the termination of the pregnancy or abortion in the event of fetal abnormalities, health risks, or unforeseen circumstances, in compliance with Illinois law.
#9:Psychological and Emotional Support: Acknowledge the emotional challenges that may arise during the surrogacy journey. The contract should make counseling available. On going emotional support for the surrogate and intended parents in the form of support groups or one on one counseling should be made available.
#10:Dispute Resolution: Establish a mechanism for resolving any potential disputes that may arise during the surrogacy process, such as mediation or arbitration, and specify the jurisdiction and governing law for legal action.
