Surrogacy Agreements – what to include in them?

Surrogacy Agreements – what to include in them?

I talk a lot about surrogacy agreements and particularly, what to include in them. Some things I like to cover are:

- How many embryo transfers is the surrogate prepared to undertake?
- Who will make decisions about testing for genetic abnormalities and/or termination?
- Who will be present for the child’s birth? Who cuts the cord? Who holds baby first?
- What relationship does the surrogate wish to have with the child after birth?

These issues, among others, are essential topics to cover as part of your surrogacy counselling process and can be consolidated in writing in your surrogacy agreement. Remember, a surrogacy agreement is not mandatory in every state and is not enforceable, so you can always write your own.