Transnational Surrogacy Agreement: What You Need to Know

Transnational surrogacy is a process where a couple or individual travels to a foreign country to find a surrogate mother. This process is becoming more common due to the differences in surrogacy laws in different countries. However, because transnational surrogacy involves international issues and legal complexities, it’s essential to establish a surrogacy agreement that can protect both the intended parents and the surrogate mother.

A transnational surrogacy agreement is a legal document that outlines the terms and conditions of the surrogacy arrangement. The agreement is usually drafted by an attorney who specializes in surrogacy law and must be signed by all parties involved before the surrogacy process begins. It protects the rights and obligations of the intended parents, the surrogate mother, and the child who is expected to be born.

The agreement must be comprehensive enough to cover every detail of the surrogacy process. Some of the critical points that the agreement should cover include:

1. Compensation

The agreement should outline the compensation that the surrogate mother will receive for carrying the child. This should include details such as the amount of compensation, the payment schedule, and how expenses will be covered throughout the pregnancy.

2. Medical Care

The surrogacy agreement should specify who is responsible for medical care during the pregnancy. This includes prenatal care, delivery, and postnatal care.

3. Parental Rights

The agreement should outline the intended parents’ parental rights once the child is born. This includes custody and visitation rights, as well as any additional legal procedures that may be required to establish parentage.

4. Surrogate Mother’s Rights

The agreement should also clarify the surrogate mother’s rights during the surrogacy process. This includes her right to medical privacy, the right to make decisions about her own health, and the right to decide on the type of delivery.

5. Legal Compliance

The surrogacy agreement should also ensure that all parties involved comply with the legal requirements of the country where the surrogacy arrangement takes place. This includes complying with both the laws of the country where the child is born and the intended parents’ home country.

In conclusion, transnational surrogacy can be a complicated and emotional process. Having a comprehensive surrogacy agreement can help ensure that all parties involved are aware of their rights and obligations and can have peace of mind throughout the process. As a professional, I recommend consulting with a surrogacy lawyer to ensure that the agreement is legally binding and meets the specific needs of all parties involved.