Surrogacy and donor contracts are detailed for a reason. Here are the provisions we walk every client through before they sign.
Assisted reproductive technology agreements protect everyone — intended parents, gestational carriers, donors, and most importantly the future child. Understanding the key clauses is essential before any party signs.
First: parentage. The contract must clearly state that the intended parents are the legal parents from birth, and that the carrier or donor disclaims parental rights.
Second: medical authority. Who decides about prenatal testing, selective reduction, or medical interventions? These difficult subjects must be discussed and resolved in writing — not at 3 a.m. in a delivery room.
Third: compensation, insurance, and escrow. Reasonable expenses and (where lawful) base compensation should flow through a third-party escrow account with a clear schedule.
Fourth: confidentiality, future contact, and dispute resolution. We tailor each of these to the parties' wishes — every family is different.
