The legal contract between surrogates and parents-to-be is one of the most important parts of a surrogacy match. The contract is intended to give both parties security, and protect them in legal matters. There can be many questions regarding the agreements between parties. This article seeks to answer some of the more common concerns regarding surrogates and the agreements they sign.
What Are the Requirements to Be a Surrogate?
There are three basic qualifications surrogates must pass in order to go through the surrogacy process. In terms of physical qualifications, surrogates must be at least 21 years old, and be younger than 40. The surrogate must be in good health, and have carried at least one pregnancy successfully to term. The psychological qualifications to be a surrogate are equally as important as the physical ones. Surrogates must be aware that they are committing themselves to a year long partnership, and will have to give up a great deal of time and energy to help their partners become parents. The third qualification requires that the surrogates pass all required screenings and tests asked of them in order to become a surrogate mother.
What Are the Different Types of Surrogacy?
There are two kinds of surrogacy that are practiced across the country. The first is gestational surrogacy. In this arrangement, the surrogate carries a child that is genetically related to the intended mother or egg donor. This method is, legally, the safest route. A proper legal contract will ensure that the process goes smoothly. The second method is traditional surrogacy, which is a less common process. Traditional surrogacy occurs when the surrogate uses her own egg. This means that the child being born is genetically the surrogate's. The reason this process is rarely used is because the surrogate often has second thoughts, as the child being born is technically their own. This can lead to legal issues between the two parties, leading to gestational surrogacy being the more preferred option.
Can Surrogates Back Out of the Agreement?
Once a pregnancy is conceived neither the surrogate or the parents can back out of their surrogacy agreement. Once legal parenthood is established, the surrogate must follow through with the agreement. Surrogacy laws, much like egg donation law, vary state by state. The potential for the surrogate to back out of the agreement can be negated through a pre-birth order. This order legally establishes the intended parents as the legal parents of the child, expediting the post-birth legal processes.
