Surrogacy Agreements Sample Clauses

Surrogacy Agreements. Most states allow some surrogates to enter agreements to waive parental rights before the birth.67 Nearly all distinguish between a genetic surrogate, who conceives a child using her own eggs, and a gestational surrogate, who carries a child conceived from the egg of an intended parent or an anonymous donor. Typically, genetic surrogates cannot enter binding agreements before the child is born. They are presumed parents who must follow traditional adoption processes.68 In contrast, twenty-four states allow gestational parents to establish parenthood for the commissioning parents before the birth.69 In states without statutes, the enforceability of gestational surrogacy contracts is highly uncertain.70 Surrogacy statutes subject these agreements to additional regulations, which Xxxxxxxxx Xxxxxxxx Xxxxxx has nicely surveyed in a recent article.71 Some regulations seem designed to ensure informed consent. For example, the parties may need to undergo a medical or psychological evaluation, often the surrogate must have had a prior successful birth, and the surrogate may need an independent lawyer.72 Other requirements seem designed to