Your GC Agreement is prepared by a CFC attorney and will clearly set forth the understanding of the parties and spell out everyone’s rights and responsibilities. For example, the contract will clearly state that you, the Intended Parents, will be considered the legal parents for all purposes and that the Gestational Surrogate will not be the parent of the child nor have any legal or financial responsibilities for that child. This protects both you and the Gestational Surrogate. You will pay for your Gestational Surrogate to have the agreement reviewed by an independent attorney hired to represent her interests.
Typically, our Gestational Surrogates receive their first distribution when the agreement is signed. The rest is distributed in monthly installments over the course of the pregnancy.
The Gestational Surrogacy Agreement is an extensive and detailed legal contract. Consequently, we do not begin its preparation until the full medical and psychological screening process is complete and it is clear that your Gestational Surrogate will be approved as a carrier. It is only at this time that the match is considered “official”, and the contract phase begins. The IVF Clinic waits to set the schedule leading up to the embryo transfer until we let them know that the contract has been completed.
The next part of the legal process typically occurs during the second trimester of the pregnancy. This is when we start to implement the legal parentage strategy, to ensure that the Intended Parents will be declared the sole legal parents of their child. This, of course, protects your surrogate as well, because she wants you to have all of the legal responsibilities for your child. Therefore, the contract will specifically relieve her of any putative responsibilities.