Women who struggle with infertility may look to surrogacy as a way to expand their family. Ideally, working with a surrogate should not produce any problems. Unfortunately, sometimes disputes break out between a family and the surrogate.
While there is no guarantee that you can plan for every possible conflict with a surrogate, there are some important aspects of surrogacy you should account for before contracting with a surrogate.
Consider medical tests for the surrogate
The health of your surrogate is a crucial part of the surrogacy. According to WebMD, a surrogate should receive a medical exam to ensure she can go through with a healthy pregnancy. Surrogates should also screen for transmittable diseases and to see if they have immunities to certain ailments.
Check custody and adoption law
Given that surrogacy laws vary by state, you should be sure that you will have legal custody of your child after your surrogate has given birth. Depending on your home state, you might have to formally adopt your child. However, other states allow for a declaration of parentage prior to birth, making it unnecessary to adopt your child.
Include contingencies in a contract
A contract with your surrogate can address many potentially contentious issues. It is better that everyone involved knows their duties and responses to unplanned situations. For instance, your contract could explain what should happen if the surrogate conceives twins or triplets unexpectedly.
Surrogacy contracts can address many other issues, such as what to do if the pregnancy does not proceed to term. Even if a surrogacy dispute does occur, your contract might provide clarity and shorten the time to a resolution.