Surrogacy Contracts

Connecticut Surrogacy Lawyers – Kocian Law Group

The Kocian Law Group has experience representing surrogate families in entering contractual agreements for surrogacy. Essentially, a surrogate agreement is one in which the “surrogate mother” agrees to have a baby for another family. An “egg donor” and a birth father may also be involved in the contract for surrogacy. Collectively, these parties may be known as a “surrogate family.” Typically, agencies will include both the husband and wife on such contracts to avoid any potential foreseeable legal issues or challenges that may arise in the future by a husband of a surrogate mother.

Surrogate agreements are not legal in all states. In Connecticut, while the statutes are silent regarding surrogacy, various cases have viewed the issue favorably. While not “iron-clad”, there is support for the proposition supporting surrogacy agreements.

Contents of Surrogacy Agreements

Surrogacy agreements frequently address such issues as:

  • payment of the medical bills for the birth
  • who pays the bills if the child is not or cannot be carried to term
  • what will happen if the surrogate mother is found to be carrying twins or multiples
  • travel expenses for delivering the child
  • payment of attorney’s fees
  • medical and psychological services
  • maternity clothing allowances
  • agreement by the surrogate mother to carry to term, and any situations that allow for an exception
  • DNA and medical tests required for the child
  • ”payback” provisions if a court later awards custody to the surrogate mother, rather than the contracting couple
  • agreement by the surrogate mother to avoid ingesting alcohol, drugs, or other substances except as prescribed by her physicians
  • agreement by the surrogate mother to see her doctors regularly and as needed
  • medical statements by the birth father that he has no known congenital diseases that could cause harm to the surrogate mother or the baby
  • provisions for amniocentesis testing
  • release and hold harmless agreements to avoid future anticipated litigation.

Such a lengthy list of surrogacy agreement considerations can be overwhelming. Contact an attorney at Kocian Law Group to help you draft a comprehensive surrogacy agreement that all parties involved clearly understand.