Surrogacy Contracts & Documentation

Surrogacy Contracts & Documentation in India

The surrogacy process usually starts with an agreement between all parties involved in which they agree on what will happen during and after pregnancy. This agreement is called a contract. A written contract should be signed before any procedure takes place and it should include details such as compensation, legal rights and responsibilities of each party, medical procedures, how disputes will be resolved etc.

Surrogacy contracts are a legal document that outlines the terms and conditions of a surrogacy agreement. The contract is drafted by an attorney and both parties, the surrogate and her would-be parents, sign it before any procedures are performed.

Surrogate contracts can be either written or oral agreements; however, it is much safer to have an official written agreement in place. Oral agreements may lead to confusion later on if there are any disagreements about what was agreed upon.

Surrogacy contracts are necessary for any surrogacy arrangement in India. They are used for outlining expectations, responsibilities, and rights. Here are the features you must know regarding such contracts: 

  • The document should contain information about the surrogate’s rights and obligations, as well as those of the would-be parents. 
  • It should also have a clause that states that if the surrogate changes her mind after signing, she will not be entitled to any compensation.
  • Contracts should include provisions for medical expenses during pregnancy and childbirth, as well as post-delivery care for both mother and child.
  • It should be mentioned that the parents who are seeking to have a baby through surrogacy will pay the surrogate mother (with amount) for her services.

What is a Valid Surrogate Agreement?

The surrogacy agreement is a legally binding document that will be signed by all parties involved in the process.

In this contract, there are three main sections:

  1. The first section includes information about the parties involved, such as their names and contact information.
  1. The second section includes information about medical procedures and expenses that will be paid for by each party.
  2. The third section includes information about parental rights and responsibilities of each party after the baby is born.

Is a surrogacy contract really necessary for both the parties?

Surrogate motherhood has been hailed as an option for infertile couples who want to have a child together but cannot do so biologically. For doing so, a contract is required. 

The contract between the surrogate and the commissioning couple should be made with utmost care and understanding. The contract should not only include clauses about how much will the surrogate get for her services but also what will happen if she decides to terminate her pregnancy.

So a contact is required for: 

  • Surrogate mother’s consent to carry a child for the intended parents, which needs to be given in writing under Section 2 of the Indian Surrogacy (Regulation) Act, 2016.
  • The intended parents’ consent to the surrogacy arrangement, which needs to be given in writing under Section 3 of the Indian Surrogacy (Regulation) Act, 2016.
  • A written agreement between all parties that clearly states their respective rights and responsibilities during the surrogacy period.

What are the Key elements of surrogacy contracts and documentation

  1. The law enforces surrogacy contracts as if they were commercial contracts. The surrogate is considered an agent of the commissioning parents and she cannot enter into any contract that would be detrimental to her own interests.
  2. The contract includes a clause that states that if the surrogate mother does not deliver a live birth baby then she will not be entitled to any compensation.
  3. The main purpose behind these contracts is to ensure that all parties involved in the process are clear about their rights and responsibilities. 
  4. The contract also ensures that the surrogate mother has a say in what happens to her child after birth, including whether she would like to keep contact with him or not.
  5. The contract can be signed before fertilization or after fertilization depending on the type of agreement made between parties involved.
  6. It will specify how much money will be given to the surrogate mother as compensation, what happens if she miscarries or has complications during pregnancy, what kind of medical care she should receive during pregnancy, etc.
  7. The law states that both parties need to sign this document before they can start their journey together as they are entering into an agreement with each other. 
  8. The surrogacy process in India requires the involvement of a few different parties, including the surrogate, the commissioning parents, and the clinic. The contract is usually signed between all three parties before any procedures are performed.

Legal Issues with Surrogates in India and How to Solve Them Within the Legal Framework

The surrogacy industry in India is booming, and the number of infertile couples opting for surrogacy is also increasing. But with this boom comes a lot of legal issues.

Indian lawmakers have been debating whether or not to regulate surrogacy within the country but have not come to any conclusion yet.

In recent years, there has been a rise in demand for surrogate mothers which is largely due to fertility treatments and infertility problems. This rise has led to an increase in commercialization of human reproduction and exploitation of women who are desperate for money, often leading them into debt bondage where they are unable to repay their loans with interest. 

The Indian government has taken steps to regulate surrogacy by establishing a regulatory authority and enacting legislation prohibiting commercialization of surrogacy. In addition, there are also laws that prohibit commercial surrogacy for foreign nationals and people living abroad.

How Risaa IVF can help you with surrogate contracts and documentation? 

Risaa IVF help people who are looking for a surrogate mother. We also look into all the necessary legal documents that you need to sign, before going ahead with the process. These documents include:

  • The contract between the parties involved in the surrogacy process
  • The consent form
  • The agreement form for using donor eggs or sperm
  • Patient information form

So call us to book your appointment now.

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