My Brother in-law is a Divorce Lawyer. Can’t He Draw Up My Surrogacy Contract?
Would you have a mail man sell your home for you just because he sees a lot of houses during his mail delivery route? NO? Well then don’t expect a family law attorney or a divorce lawyer to have the knowledge to draw up a surrogacy contract. It’s tempting to want to cut corners and save money but skimping on the contract phase is not the place to do that!
The gestational surrogacy contract, as well as the contracts for traditional surrogacy, are lengthy and complicated. The wording is very important and there are many sections outlining who is responsible for what and what happens under certain circumstances. In some states very specific language must be included in order for the agreement to be valid or enforceable. It covers issues such as: what constitutes a breach of contract, who will be named guardian if something happens to the Intended Parents, what happens to the baby if it’s born with a deformity, if there will be any restrictions on the gestational carrier and what she can do during the pregnancy, where the baby is intended to be born,and who is holding escrow and when are payments made, among many other things.
Make the investment and hire an attorney who knows the ins and outs of reproductive law. Not adoption law, not family law, but REPRODUCTIVE LAW, you may also hear this referred to as ART law (Assisted Reproductive Technology – not the stuff you see in museums!). This lawyer can also handle the parentage actions needed to ensure that the Intended Parents names are on the birth certificate. If something should go wrong or there is a misunderstanding, the contract may hold the solutions.
The contract doesn’t promise that the humans who signed it will behave or that everything will go smoothly but it does make sure they everyone is following the “rules” and fulfilling expectations. A good surrogacy contract lends everyone a piece of mind during what can be a long and sometimes complicated process. Protect yourself and insist on the best lawyer for the job.
Both the IPs and the GC need their own attorneys, one lawyer to draw to up the contract and one to review the contract on behalf of the surrogate.
Do you need a referral to a great attorney in your state? Just want to talk through the ins and out of surrogacy in general? Sign up for a free phone consultation today!