What you need to be aware of before entering a surrogacy agreement – Guest Post

surrogacy agreement

Surrogacy can be a great option if you and your spouse want to have a baby but cannot get pregnant or have difficulty.

Surrogacy is the process through which a woman, identified as a surrogate mother, produces a child for another family, known as the intended parents. The intended parent or parents are:

  • An individual.
  • A couple who is sterile or otherwise unable to produce independently.
  • A partner of the same gender.
  • Somebody who wants to start a family is welcome to join them.

Surrogacy can be a complicated process. First, you have to learn a few things and deal with technical stuff, especially with your surrogacy agreement. Keep reading to know further about surrogacy and someone you can believe in this blog.

For individuals seeking a surrogacy contract, we highly encourage specialized Sydney Surrogacy Lawyers to take into account the following factors:

When deciding whether or not to use a surrogate, you have two options: traditional surrogacy or gestational surrogacy, and Surrogacy Commercial or Surrogacy Altruistic.

  • Surrogacy Commercial

It indicates that the Surrogate Mother is paid in exchange for her services. This price includes not only medical expenditures but also incidental pregnancy-related expenses such as travel arrangements and an amount for her time and selfless efforts.

  • Surrogacy Altruistic :

Conceals the Surrogate Mother’s agreement to become pregnant and deliver the baby for the Intended Parents in exchange for no monetary remuneration. In this scenario, however, the Surrogate Mother can still be reimbursed for pregnancy-related expenditures.

  • Traditional surrogacy:

Traditional surrogacy is straightforward: the intended father’s sperm is delivered to the surrogate mother by donor sperm, such as IUI, IVF, or domestic insemination. As a result of the process, the child is genetically related to both the parent and the surrogate mother.

  • Gestational Surrogacy (GS):

Assume an Intended Mother is unable to bring a developing fetus. In that case, her egg and the Intended father’s sperm are utilized to generate a donor embryo (through IVF) put into the Surrogate Mother. The child is biologically related to the Parents in this way.

Commercial surrogacy is banned in certain parts of the globe, while gestational surrogacy is unlawful in others. Several other countries, however, permit all forms of surrogacy arrangements.

What exactly are the legal requirements? 

To transfer the paternity of your child granted through a surrogacy agreement, you will need a court order. In addition, before you can participate in the agreement, you must meet specific conditions under surrogacy law.

If you do not fulfil these needs, the court may vacate the judgment.

Who is eligible to engage in a surrogacy agreement?

  • Perhaps married, an actual couple or single does not require a genetic link to have a child,
  • or the birth mother may use any technique of conception, such as in-vitro fertilization, artificial insemination, self-conception, or natural conception
  • A single person or a pair can join into a surrogacy agreement as an intended parent.
  • When engaging in a surrogacy agreement, the biological parents should be at least 25 years old, and the guardians must be at least 18 years old.

Do you require legal counsel?

To seek independent legal advice:

Before entering into a surrogacy agreement, you should seek independent legal advice to ensure that you fully understand your rights and duties and the implications.

There are dangers associated with using a surrogate in another country. First, you must be fully informed about your and your spouse’s rights, as well as the rights of the surrogate.

If the parent intends to, you can seek legal advice from an attorney together. Similarly, if you are a birth mother and you have a spouse, you and your spouse can seek legal advice together.

However, the intended parent and the birth parent cannot be represented by the exact attorney.

Where to contact?

A surrogacy agreement is a legal contract between the surrogate and the intended parents that defines all participants’ rights and duties within the surrogacy relationship.

You must have a family law attorney create this agreement for you to guarantee that it contains all required components of the arrangement. A surrogacy attorney can also help you transfer parental rights from the birth mother to the intended parents.

Surrogacy Lawyers Sydney is a family law practice with years of expertise creating these agreements and giving professional advice on surrogacy arrangements.

We collaborate with our clients and specialists both locally and internationally to guarantee that our clients become parents as fast, cheaply, and efficiently as possible.

This involves considering alternate solutions to the problem or difficulties – ideas frequently overlooked by our clients or others.

If you or anybody you know is thinking about surrogacy and would like some further information, please get in touch with us, and one of our experienced family lawyers would be delighted to assist.

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