Many couples who struggle or are unable to have children can consider a variety of alternative options in California, which includes adoption and surrogacy. The latter option can be particularly appealing, especially for couples who are physically unable to have their own child, carry higher than usual pregnancy risks, or for couples in a same-sex relationship.
Of course, like with many legal matters involving family law, surrogacy can be a complex process, one that demands the attention of a qualified legal professional. For this post, we want to highlight why you should always inquire with a family law attorney on all matters relating to surrogacy in CA, particularly in regards to the drafting of a surrogacy contract.
Drafting a Thorough and Effective Surrogacy Contract
Every case involving surrogacy is different, and there’s no such thing as a boilerplate surrogacy contract that fits all scenarios neatly. Given the nature of surrogacy, it is critical that you account for everyone’s specific requirements and needs, as well as all surrogacy laws in CA, when creating a surrogacy contract.
Here are just some of the things that you should include in a surrogacy contract:
- All financial aspects and arrangements, including whether the surrogate mother is to be compensated
- All medical risks and liabilities inherent with the pregnancy
- All upcoming financial and legal responsibilities of all involved parties
- Outlined responsibilities for who will attend prenatal appointments and the birth itself
- Detailed health requirements/expectations for how the surrogate mother will care for herself and the baby up until birth
- Guidance on sensitive issues such as when a termination becomes necessary
As you can see, there’s a multitude of angles and “what if” scenarios that need to be accounted for in a surrogacy contract, all this on top of the primary needs and requirements that are a complicated topic of discussion all on their own.
Avoiding Generic Surrogacy Contract Templates
While you can certainly find and download surrogacy contract templates online, we highly suggest against doing so. These online contracts are generic and too short-sighted, which means that they are not well-suited for covering everyone’s specific needs and requirements. Not only that, but proceeding to have surrogacy discussions without the assistance of a qualified legal professional and entering into a legally-binding contract without adequate legal counsel is a disaster waiting to happen.
Rely on an Experienced California Family Law Attorney
The goal of an effective surrogacy contract should always be to account for the best interests of the child, as well as those of the surrogate mother and all other involved parties. Without adequate legal representation, simple misunderstandings and minor conflicts could quickly balloon into major legal disputes. A strong legal surrogacy contract helps provide protection for all parties, particularly if executed correctly and effectively.
If you want to learn more about surrogacy, or about any other matter involving divorce or family law in CA, know that we at R & S Law Group, LLP are always a quick phone call away. To chat with one of our seasoned legal experts, call us at (949) 825-5245. We offer free initial consultations, call today to schedule yours!