Anytime you enter into a contract there are legal considerations. This is especially true when it comes to things like adoption, surrogacy and anything else to do with children. Each country views surrogacy differently. This means that each person must study the surrogacy laws in their own respective states. Surrogacy can present some very complex legal issues so it is not something to be entered into lightly.
Although many things can go wrong (or right!) legally speaking, there are two aspects of the law that are ever present; finalizing parental rights and confirming the contractual agreement. If these two things are not gone over in an in depth manner it can come back to bite you later. For those who are considering surrogacy, they are likely aware of at least one horror story connected to the process. For instance, there has been a case where the surrogate mother took back the child when it was 6 months old. The egg that created the child was hers biologically speaking and she took the baby back under the claim that the woman she carried the child for was mentally unstable. Because the state they lived in the law was severely skewed and the courts had to set a precedent. This is just one example of what can go wrong when dealing with surrogacy. The good news is that in most cases, any sort of legal problems can be avoided simply by doing the homework correctly and ensuring that no stone is left unturned.
When it comes to the surrogacy contract, it must first be drafted, than reviewed by all parties involved. Finally, once everything is agreed upon signing can occur and thus begins the relationship between the intended parents and the surrogate mother. Keep in mind that there are a few basic things that make for a good, solid surrogacy contract. First of all, it will have a detailed outline of the responsibilities and rights for all parties involved. It will outline the type of compensation and how much. It will contain the results of all parties’ physical and mental examinations. It will contain information on medical insurance and plans for parental rights. Finally, a solid surrogacy contract will have in it what is known as a selective reduction clause or policy. Many times when fertilization procedures are done it ends in multiple pregnancies. Sometimes carrying multiple fetuses is not an option for the surrogate mother for whatever reason and one or more of the fetuses must be aborted to ensure the safety of the others as well as the surrogate mother. This is something that must be discussed, understood and agreed upon by all parties.
As stated above, each country has its own policies and laws dealing with surrogacy, so Surrogacy in Kenya is not treated the same as in US. Some states allow contractual agreements, some only allow contractual agreements if the surrogate is an unpaid party, while others do not view surrogacy contracts enforceable by law. There are all sorts of rules and regulations and this is why it is vital to know your states laws before proceeding. Aside from the overall contract, all parties must understand and agree to the terms when dealing with parental rights. In some states an order of pre-birth must be signed first so that the parents who will be raising the child are able to be listed as the natural parents on the child’s birth certificate. Again, this will all depend on the state laws where the surrogacy will be taking place. Overall, this can be an extremely complex process. Covering all bases before beginning a pregnancy with a surrogate is important. If there are any loopholes make sure they are sewn up tight to avoid problems both before and after the baby or babies are born.
