Having a child through gestational surrogacy is both an exciting and emotional journey. For many intended parents in Tacoma, Washington, and the western Washington area, the path to parenthood has unique legal considerations that require careful attention.
Decisions surrounding contracts, parental rights, and medical responsibilities can often cause anxiety, uncertainty, and even fear for those hoping to build their family. In these cases, a gestational surrogacy contract forms the backbone of a surrogacy arrangement. It protects the interests of intended parents and surrogates alike, clarifying expectations, responsibilities, and legal obligations.
At Christina T. Sherman, PLLC, we recognize that gestational surrogacy can feel overwhelming. Our skilled fertility lawyer can help you handle the legal matters of your case while you focus on the joy ahead. Located in Fircrest, Washington, we serve clients throughout Western Washington.
If you are considering gestational surrogacy, our team at Christina T. Sherman, PLLC can provide you with the confidence you need. Below, we provide an overview of the key clauses that every gestational surrogacy contract should contain and how our firm can help you through the process.
1. Parental Rights and Legal Parentage
One of the most critical aspects of a gestational surrogacy contract is the precise definition of parental rights. The intended parents should be legally recognized as the child’s parents from birth to avoid complications in custody or birth certificate issuance.
Pre-birth orders: These documents, issued by a court, declare the intended parents as the legal parents before the child’s birth. They help prevent disputes over custody and parental rights.
Post-birth legal steps: Even with a pre-birth order, some states require additional filings after delivery, such as amending birth certificates or filing adoption paperwork.
Acknowledgment of intent: The surrogate acknowledges in writing that the intended parents will assume all parental rights upon the child's birth, thereby removing potential ambiguity.
Including these provisions in the contract protects both the surrogate and the intended parents, making it clear that the intended parents will be recognized as the child's legal guardians. An experienced fertility lawyer can help you better understand your parental rights under Washington surrogacy law.
2. Compensation and Financial Aspects
Financial arrangements are among the most sensitive parts of a surrogacy agreement. It’s not just about paying the surrogate but also covering the medical, legal, and ancillary expenses associated with the pregnancy. Your surrogacy contract should typically include the following types of compensation.
Base compensation: The agreed-upon amount the surrogate receives for carrying the pregnancy.
Medical expenses: Funds to cover fertility treatments, prenatal care, delivery costs, and any unforeseen medical needs.
Legal fees: Payment for both the surrogate’s and intended parents’ legal representation.
Miscellaneous expenses: Travel costs, maternity clothing, and time off work related to medical appointments.
A fertility lawyer can help draft clauses that clearly outline each financial responsibility, reducing the risk of disagreements or misunderstandings. Transparency in these matters protects everyone involved and helps create a smoother surrogacy journey.
3. Medical Decisions and Healthcare Consent
Gestational surrogacy involves numerous medical interventions. Therefore, it's vital to have clear communication and agreements about any medical or healthcare-related decisions. Your contract should specify how these decisions are made and who has the final say.
Medical procedures: Defines which procedures require surrogate consent versus intended parents’ input.
Pregnancy risks: Addresses how to handle complications with the pregnancy and any unexpected health issues.
Prenatal care plan: Outlines routine appointments, testing, and monitoring protocols for the surrogate during pregnancy.
Emergencies: Provides guidance on urgent medical decisions, including interventions during labor.
By addressing these details in the contract, intended parents can reduce uncertainty, protect the surrogate’s well-being, and safeguard their parental intentions.
4. Communication and Relationship Expectations
A successful surrogacy journey relies on clear communication between the surrogate and intended parents. Contracts often include clauses to manage expectations regarding interaction and updates throughout the pregnancy. Some examples include:
Regular updates: These clauses dictate the frequency and format of pregnancy updates, such as photos, texts, or scheduled calls.
Visitation and involvement: These define surrogate attendance at specific events or prenatal appointments.
Conflict resolution: These provide methods for addressing potential disagreements or misunderstandings between the surrogate and the intended parents.
By defining communication guidelines, the contract fosters a positive relationship and minimizes the likelihood of disputes. A fertility lawyer can advise you on the best practices for maintaining a supportive and respectful dynamic.
5. Confidentiality and Privacy Provisions
Privacy is a concern for both surrogates and intended parents. The contract should outline expectations regarding the disclosure of sensitive information.
Medical information: Include clauses that establish protections for the surrogate’s and intended parents’ health records.
Identity protection: Addresses whether either party can share personal details or social media content.
Media restrictions: These clauses prevent unauthorized publication of photos or interviews about the surrogacy.
6. Termination and Contingency Clauses
Although rare, situations may arise where a surrogacy agreement must be terminated or renegotiated. Your surrogacy contract should include provisions for these contingencies to minimize legal and emotional stress.
Voluntary termination: These clauses outline the conditions under which the surrogate or intended parents may withdraw from the agreement.
Medical complications: These provide options if pregnancy complications make continuing risky for the surrogate or fetus.
Dispute resolution: This specifies whether mediation, arbitration, or court involvement should be used to resolve disagreements.
Including clear termination clauses helps protect the interests of all parties and provides guidance in emotionally charged scenarios. An experienced attorney can help you craft these clauses to be fair and legally enforceable.
7. Insurance and Liability Coverage
Insurance coverage is a critical piece of the surrogacy puzzle. Your contract should clarify how medical costs, liability, and unexpected expenses are handled.
Health insurance coverage: This determines which insurance policy will cover prenatal and delivery care.
Liability for pregnancy risks: This addresses any potential health complications and financial responsibility for both the surrogate and the intended parents.
Additional coverage: This includes disability, life insurance, or supplemental policies to protect the surrogate and child.
A fertility lawyer can help you include insurance and liability-related clauses in your contract and make sure they are comprehensive. Doing so can help the intended parents avoid gaps in coverage or potential disputes.
8. Intellectual Property and Genetic Material
In cases involving assisted reproductive technology, your contract should address the ownership and use of genetic material, including embryos and gametes. Consider including the following key clauses.
Embryo disposition: This specifies what happens if the pregnancy doesn’t proceed or if there are multiple embryos.
Consent for use: This clarifies whose consent is needed for medical procedures involving gametes or embryos.
Storage and disposal: This outlines how leftover embryos or genetic material will be handled post-pregnancy.
These provisions help prevent disagreements regarding genetic material and reinforce the legal and ethical responsibilities of all parties. An experienced fertility lawyer can help you draft precise language that reduces ambiguity.
Secure Your Surrogacy Contract With Legal Guidance
Gestational surrogacy is an incredible journey, but it requires meticulous legal planning. Every clause in the contract serves a purpose, from protecting parental rights and clarifying medical responsibilities to addressing financial obligations and supporting the emotional well-being of all parties involved.
At Christina T. Sherman, PLLC, we strive to help intended parents prepare surrogacy contracts that cover every critical detail. Located in Fircrest, Washington, we serve clients throughout Western Washington, including Tacoma, Pierce County, King County, Thurston County, and Kitsap County.
Reach out to us today to work with a fertility lawyer who can guide you through the surrogacy process with care and confidence. From drafting and reviewing contracts to supporting you through legal filings, we’re here to make your path to parenthood as smooth as possible.