Legal Talk: Contracts for Intended Parents, Surrogates & Egg Donors



When it comes to the legalities surrounding Surrogacy and Egg Donation can be scary and overwhelming, but if done correctly it can make for a smooth journey.


Each party in the process must be represented by an attorney to ensure the safety and protections of everyone involved and their journey.



Intended Parent's:

Becoming an Intended parent is a big investment! Which is why it is imperative to ensure you're legally protected. During this time your Surrogacy and/or Egg Donation journey may be on a fast track and we know that can be both scary and exciting but before moving on to the medication and embryo transfer legal factors must be considered and put into place.



The following factors need to be contemplated before moving on the the next steps of your Intended Parent journey:

  1. Surrogacy Agreement/Contract - The surrogacy contract is one of the most important pieces of every surrogacy process. The contract guides the entire surrogacy journey, clearly outlining each party's rights, roles and responsibilities before, during and after the pregnancy.

  2. Egg Donor Agreement/Contract - Egg donor contracts are legal, written agreements between the intended parents and the egg donor that state the rights and obligations of both parties throughout the arrangement. ... It is critical to have a contract in place that is compliant with local laws and that protects the rights of all parties.

  3. Pre-Birth Order - A pre-birth order is a document that establishes the intended parent(s) as the legal parents of the baby to be born.

  4. Post-Birth Order - A post-birth parentage order is similar to a pre-birth order except that it is obtained after the birth instead of prior to the birth. The post-birth parentage order also establishes the intended parent(s) as the child's only legal parent(s), and orders them placed on the child's birth certificate.



Surrogates:

As a Surrogate, we know you may be eager to help a family receive their Modernly Ever After. Before you move to those steps, there are a couple of legal aspects you must consider.



The following factors need to be contemplated before moving on the the next steps of your Surrogacy journey:

  1. Surrogacy Agreement/Contract - The surrogacy contract is one of the most important pieces of every surrogacy process. The contract guides the entire surrogacy journey, clearly outlining each party's rights, roles and responsibilities before, during and after the pregnancy.

  2. Pre-Birth Order - A pre-birth order is a document that establishes the intended parent(s) as the legal parents of the baby to be born.


Egg Donors:

As an Egg Donor, you are making a huge decision! Providing such a remarkable gift to a family can be exciting. Before you move to the next steps in the donation process, there are a few legal aspects you must consider.



The following factors need to be contemplated before moving on the the next steps of your Egg Donor journey:

  1. Egg Donor Agreement/Contract - Egg donor contracts are legal, written agreements between the intended parents and the egg donor that state the rights and obligations of both parties throughout the arrangement. ... It is critical to have a contract in place that is compliant with local laws and that protects the rights of all parties.


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