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Surrogacy Agreement
Establish clear expectations and protections with this Surrogacy Agreement Template.
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Surrogacy Agreement Template
This Surrogacy Agreement (“Agreement”) is entered into on [Date], by and between:
Intended Parents: [Full Legal Names, Addresses, Contact Information]
Surrogate (Gestational Carrier): [Full Legal Name, Address, Contact Information]
Together referred to as the “Parties.”
1. Purpose
The purpose of this Agreement is to establish the rights and responsibilities of the Intended Parents and the Surrogate in connection with a surrogacy arrangement.
2. Medical Procedures
The Surrogate agrees to undergo medical procedures necessary for embryo transfer, pregnancy, and delivery.
All medical procedures shall be performed by licensed medical professionals chosen by the Intended Parents in consultation with the Surrogate.
3. Compensation and Expenses
Intended Parents shall compensate the Surrogate in the amount of $[Amount], payable in installments as outlined in Appendix A.
Intended Parents shall cover reasonable medical, legal, travel, and living expenses related to the surrogacy.
4. Parental Rights
The Intended Parents shall be the legal parents of the child upon birth.
The Surrogate agrees to relinquish any parental rights and cooperate with legal procedures required to establish Intended Parents’ custody.
5. Insurance and Medical Costs
The Intended Parents shall provide health insurance coverage for the Surrogate and cover all medical costs related to the pregnancy and delivery.
6. Confidentiality
All Parties agree to keep the details of this Agreement and the surrogacy arrangement confidential, except as required by law or medical necessity.
7. Dispute Resolution
Any disputes arising from this Agreement shall be resolved first through mediation, and if unresolved, through binding arbitration under the laws of [State/Country].
8. Governing Law
This Agreement shall be governed by and construed under the laws of [State/Country].
9. Entire Agreement
This Agreement represents the full understanding of the Parties and supersedes any prior agreements, written or oral.
10. Signatures
Intended Parent 1: __________________________ Date: _________
Name: ______________________________________
Intended Parent 2 (if applicable): __________________________ Date: _________
Name: ______________________________________
Surrogate: __________________________ Date: _________
Name: ______________________________________
Details
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Surrogacy Agreement
SURROGACY AGREEMENT FAQ
What is a Surrogacy Agreement?
A Surrogacy Agreement is a legal document outlining the responsibilities and rights of the intended parents and the surrogate, including medical procedures, compensation, parental rights, and post-birth arrangements.
Why is a Surrogacy Agreement important?
It provides legal clarity, prevents disputes, and ensures that both parties agree on critical aspects such as medical care, financial arrangements, and custody of the child after birth. In many jurisdictions, such agreements are also required for legal recognition of parentage.
When should you use a Surrogacy Agreement?
Use it before beginning medical procedures, ideally after legal and medical consultations. This ensures that all parties fully understand their obligations and the process before moving forward.
What should a Surrogacy Agreement include?
It should cover medical procedures, surrogate compensation, insurance, parental rights, confidentiality, dispute resolution, and compliance with applicable surrogacy laws.
Is a Surrogacy Agreement enforceable everywhere?
No. Enforceability depends on state or country law, as surrogacy is regulated differently across jurisdictions. Legal counsel should always be consulted.
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