You are about to embark on a spectacular journey of joy and sharing, a deep heartfelt gift of yourself to some lucky couple. You are about to become a surrogate mother. So what’s with the contract? Why do you need a contract to experience the joy of giving?
Surrogacy is a major and complex situation. It involves many facets, including your own home life, your emotional and psychological reactions and your family’s reactions. It also involves emotional and psychological reactions of the intended couple. And it involves genetic material of the intended parents and parenting rights. It involves medical procedures and sensitive information and privacy.
What You Need to Know About Egg Donation Legal Contracts
A contract is needed to make sure that everybody agrees to all points and nobody feels upset by the other party’s wavering or possible change of heart. A contract ensures that both you and the intended parents can count on each other, and that you have it down in writing, legally signed and accepted.
It will be a tough ride, carrying the baby. You already know that, of course. You might want to share the joy, but you still need to know that you can count on the support, both financial and emotional of the intended parents.
The contract ensures first that they acknowledge your rights and their responsibilities, and it’s in writing, not just a verbal agreement.
Second, the contract ensures that you have legal protection in case something goes wrong. Once it is signed, nobody can back out on you and leave you with a mess to deal with.
It is critical also that the contract cover every possible situation. For instance, what happens if there is a premature death of the child? What happens if you suffer a condition as a result of the pregnancy? What happens if the child poses a health risk to you? There are so many possibly situations, and on any one of them you and the intended parents might disagree. It is important to iron all of them out in advance prior to starting the process.
Key Elements Your Contract Must Cover
- Compensation details – Your payment structure and timeline
- Travel arrangements – How expenses get handled if travel becomes necessary
- Legal responsibilities – What each party commits to throughout the process
- Ownership rights – Who claims any remaining eggs or embryos after the cycle
Before Signing the Contract
- You’ll sign preliminary agreements about compensation and travel
- These get forwarded to both attorneys to include in the final contract
- Our team helps coordinate all paperwork
The Legal Process Breakdown
- You match with intended parents through our program
- Creative Love arranges specialized legal representation for you
- The intended parents’ “drafting attorney” creates the contract
- Your “reviewing attorney” sends you the contract to read
- You meet with your attorney to discuss any concerns
- Any requested changes go to the intended parents’ attorney
- Both parties must agree on all contract terms
- Everyone signs their copies
- Legal clearance letter goes to the IVF clinic
Understanding Your Legal Protection
- Never take this contract lightly – it legally binds both parties
- Your attorney will explain “breach of contract” thoroughly
- Breaking the agreement during medication phase may make you financially responsible
- We only work with attorneys experienced in reproductive law
What Makes Our Process Different
- Separate representation – Both parties have their own attorneys to prevent conflicts
- Expert guidance – We can’t provide legal advice but connect you with specialists
- Clear expectations – Everything gets spelled out before you begin medications
- Research support – We encourage you to understand egg donation laws and your rights
Ready to learn more about becoming an egg donor? Get your questions answered by our experienced team who’s helped countless women through this journey.
Important issues to cover in your egg donor – intended parent contract:
- Donor compensation
- All travel expenses and any miscellaneous expenses
- Confidentiality concerns for all parties if you are participating in an anonymous cycle
- Egg Donors responsibilities as far as commitment to complete the cycle, Dr’s appointments, administration of medication, that all information provided is true and correct on her application and psychological and genetic consults
- Deciding if there will be any future contact with the intended parent or child born from the cycle.
- Clearly define that the intended parent that births the child born through egg donation is their sole responsibility both legally and financially
- Importance of disposition of any unused eggs or embryos from the cycle. You need to have a clear understanding that the intended parents might destroy unused embryos,donate to research,donate to another family. You need to voice your opinion know or leave to the discretion of the intended parents.
- The egg donor must promptly inform Creative Love of any changes to the original compensation, travel, or miscellaneous agreements.
- Creative Love will keep all Medical and Legal records for both parties if needed for future use
Egg donation legal contracts protect everyone involved in your journey. As someone who’s guided hundreds of women through this process over 15+ years, I’ll walk you through what really matters in these agreements.
Surrogacy Legal Protection: What You Need to Know
Your legal protection stands as our top priority during your surrogacy journey. After 15+ years helping families form through surrogacy, I know exactly what matters in this process.
How We Protect You Legally
- We partner with experienced ART attorneys who understand surrogate state laws
- Your agreement covers all essential aspects of the surrogacy relationship
- Florida offers strong legal protection for gestational surrogacy arrangements
What Your Surrogacy Agreement Covers
- Establishment of parental rights
- Relinquishment of surrogate parental rights
- Health and life insurance details
- Medical decision-making authority
- Confidentiality requirements
- Future contact parameters
- Financial responsibilities including:
- Medical expenses
- Legal fees
- Surrogate compensation
- Lost wages
- Child care costs
- Travel expenses
Florida Surrogacy Laws Made Simple
- Florida Statute 742.15: Gestational Surrogacy Agreement
- Used for married couples
- Protects intended parents’ rights
- Surrogate has no legal rights to child
- At least one intended parent must contribute genetic material
- Egg or sperm donors permitted
- No genetic material from surrogate allowed
- Pre-planned Adoption Agreement (Florida Statute 63.213)
- For single individuals, unmarried couples, or couples using both donor egg and sperm
- Surrogate still has no genetic link to child
- Surrogate agrees to relinquish parental rights
- Only way for non-biological parent to obtain legal rights in Florida
The Contract Creation Process
- Creative Love connects you with specialized attorneys
- Your attorney drafts comprehensive surrogacy agreement
- Both parties review and finalize contract terms
- Agreement establishes parentage legally
- Court proceedings sometimes needed for parentage establishment
Critical Contract Considerations
- Parental rights protection
- Privacy boundaries for surrogate
- Medical treatment cost responsibility
- Compensation details
- Embryo transfer specifications
- Delivery location
- Post-birth relationship parameters
Birth Certificate Process Explained
- Pre-Birth Orders: Many states allow intended parents’ names directly on birth certificate
- Post-Birth Orders: Some states require surrogate’s name temporarily, then amended
- State requirements vary based on genetic connection
- Creative Love works with surrogates in multiple states with favorable laws
Want to learn if surrogacy is right for you? Get your questions answered by our experienced team today.
In any agreement that involves a transfer or a sharing of either money or rights, a contract is an absolute necessity.
And almost as important, a contract is legally required by the State of Florida. If you want to be a surrogate in Florida, you must first sign a contract with the intended parents. Florida is ahead of most jurisdictions when it comes to providing the opportunity for parents to seek surrogates, which also means that the laws in the State of Florida are advanced and progressive. Having a contract is a chief requirement.
A surrogacy situation can be fraught with emotional ambiguity, which is why it is critical to have a carefully considered contract in place, specifically laying out each party’s rights and their responsibilities. It is in your interest as a surrogate to make sure that all the legalities are neatly tied up, so that you can go about creating that joy without any nagging doubts or worries to bring you down.
Wendy Arker entered the field of infertility with a huge heart and passion to guild others on their quest to grow their own family after her personal journey with infertility and turning to egg donation and sperm donation to create her own family. Being a single-mother-by-choice, Wendy understands firsthand the unique way families are built. Whether you’re a married couple, single, or LBGTQ, Creative Love is committed to assisting you.
