Important Considerations for Your Gestational Surrogacy Contract as a Surrogate
If you’re on your way to becoming a surrogate, you already know there’s a lot involved in the process. Surrogacy requires a team of support, medical experts, and legal counsel to make everything go smoothly. The legal side of surrogacy may get overlooked among the excitement but making sure you are safe and legally taken care of is a critical part of the process. Back in the early history of surrogacy, surrogates were not protected and not compensated. Even if your motivations are entirely altruistic, a standard practice of respect needs to be set for all surrogates. You’re giving up a large part of your life, usually up to two years, and going through emotional and physical trials; you deserve to be valued appropriately. If you’re considering becoming a surrogate in Colorado and need some guidance, Adoption and Surrogacy Choices of Colorado is here for you. Surrogacy is never a journey you have to face alone, and even when working with a surrogacy agency, some surrogates feel on their own. We work hard to take complete care of our surrogates and ensure they are safe, comfortable, and advocated for. We’re here for you from the very beginning and through postpartum. The legal aspects of the surrogacy process can be overwhelming, but we’ll walk you through the entire process, assuring you have proper legal counsel to represent you. A Surrogacy contract is the best way to legally protect the surrogate and the baby and the intended parents. The idea of signing a contract can feel overwhelming, but we make it easy on you.
If you or someone you know is interested in becoming a surrogate, please call or text us at 303-670-4673 (HOPE) or visit us at Adoption and Surrogacy Choices of Colorado.
What is a Surrogacy Contract?
Surrogacy contracts are agreements made between the surrogate and the intended parents. The point of the contract is to have a written and signed agreement that lays out the needs, wants, expectations, and obligations of everyone involved. As a failsafe, the contract should be finished and signed before any medical procedures take place. The contract should be collaborative, ensuring everyone is comfortable and happy with the final contract before finalizing and signing.
What Should a Surrogate Include in a Surrogacy Contract?
It comes down to what you want out of surrogacy. Your counselor and legal counsel will help you determine what makes sense for you, as well as what is appropriate, depending on your state. Here are just a few things to consider including in your contract:
Compensation for the Surrogate
Pregnancy isn’t cheap, and surrogates deserve to be reasonably compensated for the time and effort put into carrying a baby and nine months. No surrogate should be paying for necessary expenses out of their own pocket. The surrogacy contract should clearly outline surrogacy base pay, along with covered expenses, fees, etc. Doctor appointments, maternity clothes, living costs, and travel expenses for IVF appointments are just a few examples of what should be covered under the contract.
The Risks of Pregnancy and Contingency Plan
Every pregnancy comes with risks. You should come to an agreement on a plan of action in the event of complications during pregnancy. In the event that there ends up being twins, a miscarriage, or other complication, you should have an agreed-upon plan.
Your Responsibilities as a Surrogate
There are some other obligations of the surrogate other than just being pregnant. In order to ensure a healthy pregnancy and a healthy baby, the surrogate needs to be healthy too. A surrogate may be asked to maintain a healthy lifestyle, including avoiding certain things and lifestyle changes.
Birth Plans
What you want during the labor and delivery should be addressed and carried out. Decide who you do and don’t want in the room with you, which hospital you’ll go to, etc. These things tend to be left to chance at the last minute and can lead to a lot of drama and panic at the moment. You don’t want to have to make big decisions between contractions while under heavy pain meds. You can also make decisions about who can be present during prenatal doctor appointments.
Other Surrogacy Contract Items
These are just a few key things that should be included, but the surrogate and intended parents will come up with several negotiated and agreed-upon items. There’s no set template, and contracts will vary case-by-case. Other things might be the intended parent’s parental custody, emergency events, selective reduction situations, etc.
Creating a Legal Agreement With Your Surrogacy Agency
When you work with Adoption and Surrogacy Choices of Colorado, you can be assured that you’re completely supported and advocated for. When legality comes into the mix, it can be scary that something will be missed or handled incorrectly and impact you directly. We make sure everything is done correctly, and no gray area is left. You should be completely clear, comfortable, and informed. Surrogacy is a beautiful journey and should be enjoyed by everyone involved. The legal stuff doesn’t have to be scary and confusing; it’s there to create a clear guide for everyone to confidently move through the surrogacy process.
If you are interested in learning more about your gestational surrogacy options, contact Adoption and Surrogacy Choices of Colorado by email, phone, or text: Email Us, Text us: 720-371-1099, Call us: 303-670-4673 (HOPE). If you are hoping to adopt, please contact us here.
Meet the Author: Michelle Brugioni is a practiced, well-versed college-educated writer and avid coffee drinker. She has ten years of experience as a freelance writer and has written for an alarmingly wide range of clients and publications. She has written on topics like: life science, biopharmaceutical company acquisitions, dealing with anxiety, and creative drinking games. As a fearless writer and masterful researcher, each time Michelle is approached with the question, “Can you write this?” she responds confidently with, “When do you need it?”
Stephanie joined the Adoption Choices family in 2014 as the Child Placement Supervisor. Her love for adoption began in first grade when she made friends with twins adopted from Vietnam. Her heart grew strong over the years for adopted children and ultimately led her to graduate school where she continued her focus to her dream of working in the adoption field. Stephanie earned a Master of Social Work degree from the University of Denver in 2001. Over the past 15 years, Stephanie has worked as a pregnancy counselor and as an adoptive parent counselor for foster care, international adoption and domestic adoption, writing hundreds of home studies for families, and helping build their forever families. Stephanie is married and has three boys ages 12, 9, and 5. Together with her family she enjoys riding bike, playing games, watching her three sons compete in their various sporting and musical activities and go on vacations.
Christy Ikeler, is our Executive Director and Birth Parent Director. Christy has been with Adoption Choices Team for 18 years, since opening the doors in 2002! Christy has a true passion for what she does and her true love is working with and helping each birth parent. Whether she is up all night on the phone talking with them, taking them to doctors appointments, out for their favorite treat, providing counseling or at the hospital during labor and delivery, Christy is very involved every step of the way. She has a contagious laugh and a spunky personality that our birth moms all can bond with and relate to. As an adoptive parent herself, adoption holds a very special place in her heart and she can relate on every level with both birth parents and adoptive parents. In her free time Christy loves spending time with her daughter, gardening, baking and taking vacations with her family. Christy is an excellent leader for our team at Adoption Choices and is truly one of a kind!! As Executive Director, Christy spends time with the staff, birth parents and adoptive families in order to ensure that the agency is running smoothly. She has placed a huge emphasis on community outreach and programs for birth parents. Christy loves the opportunity to lead the agency into a brighter future.
Ms. Mackenzie has built a successful counseling career over the past 20 years, supporting mothers and families, people of all ages and genders, students, community professionals and fellow clinicians. Liv values a diverse professional focus, including the entrepreneurial life of a sole proprietor, the evaluative process of certifying foster/adoptive homes, the insightful and mindful one-on-one one work with enthusiastic clients, and serving as an advocate for underserved populations. Liv is a Licensed Professional Counselor and holds a BA in Pre-Law and Economics from American University, an MA in Counseling from Adams University and a certificate in Human Resource Management from Villanova University. Away from work you will find Liv spending time in nature, biking to the farmer’s market and adventuring with her family.
Catherine A. Madsen, joined the Adoption Choices family as legal counsel in 2013. Catherine is responsible for providing legal guidance to the Agency, training and updating staff on developments in adoption law and legislation, and program development. Catherine
Virginia Frank is an adoption attorney accredited since 1991 with the American Academy of Adoption Attorneys. Ms. Frank is a leader in the field of private adoption and has completed over 4,000 adoptions in her career. Ms. Frank has a law degree from Oklahoma City University and a BA in both Political Science and Communications from the University of Oklahoma.
Cassidie has been with Adoption Choices since 2015, she has her bachelors in Interdisciplinary Affairs with concentrations in both Sociology and Business Management. Cassidie has additional training in Victim Advocacy, foster care and has been working in women’s services for over 10 years. Cassidie has always had a heart for adoption and it was her career dream to work in adoption. She started off doing volunteer work for advocacy programs, adoption organizations and worked in High Risk Maternal Fetal Medicine through the University of Colorado Hospital and Children’s Hospital of Colorado. Cassidie is also blessed to have personally experienced an adoption of her own in 2012, completing her family of five! Cassidie loves what she does as a case worker from initial phone calls, meetings, doctor appointments, interaction with the adoptive families to delivery and counseling. Cassidie has a passion for those in need and strives to help make a difference in the lives of the people she meets. She is a firm believer in being kind, compassionate and open minded in all situations. “Unless you’ve walked in their shoes, there’s no place for judgment. A kind word or compliment can go a long way!” The bittersweet moments in adoption reminds Cassidie each and every time, why she loves what she does!