The Intended Parents will take primary responsibility for ensuring that a legal contract is prepared that clearly sets forth the understanding of the parties and spells out everyone’s rights and responsibilities. For example, the contract will clearly state that the Intended Parents will be considered the legal parents for all purposes and that you will not be the parent of the child or have any legal or financial responsibilities for that child. This protects both you and the IPS. The Intended Parents will also pay for you to have the agreement reviewed by an independent attorney hired to represent your interests. You are free to select your own attorney, but it is important to use an attorney who specializes in this area of the law. We will be happy to provide you with a referral should you need one.
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 screening process is complete and it is clear that you will be approved to serve as a Gestational Surrogate. 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. That is when we go to court to seek a pre-birth parentage order, declaring that the intended parents are the sole legal parents. This, of course, protects you as well, because you want them to have the legal responsibilities for the child. Therefore, the contract will specifically relieve you any putative responsibilities.