Table of Contents
The all-encompassing surrogacy Oregon agreement is the cornerstone of every successful gestational carrier relationship. This agreement provides legal protection for both parties and defines simple terms, responsibilities, and procedures for the course of the pregnancy and the delivery of the child.
Compensation
The contract should specifically state all financial terms, including the surrogate’s base compensation, payment frequency, and additional compensation for certain situations. Base fees range between $30,000- $60,000, paid monthly throughout pregnancy.
Premiums
Multiple births, C-sections, bedrest, and other medical situations. The contract should also specify expense reimbursement on any medical care, maternity clothing, travel expenses, and lost wages to attend medical care appointments.
Have agreed procedures for dealing with funds, often with the use of 3rd party escrow facilities, allowing timely payment, suffering no financial loss. Insert clauses that deal with unexpected financial events and changes in circumstances.
Prenatal Studies Establish Authority Over Medical Care
Define who will make medical decisions throughout pregnancy. While surrogates direct their healthcare, the contract should define how significant medical choices will be managed, particularly those related to the pregnancy or the health of the fetus.
Define prenatal care requirements, consultation frequency, healthcare provider selection, and adherence to medical advice. Discuss decision-making regarding invasive procedures and genetic testing, and pregnancy complications, so that both parties agree on their roles and powers.
Consider emergency medical scenarios and delineate the communication between the surrogate, the generous party, and the medical team. Ensure there is an understanding of lifestyle needs around things such as diet, activity, and substances to avoid.
Legal Parentage and Birth
The agreement should name intended parents as the legal parents of any child born through the arrangement. Providing for issuing pre-birth orders was allowed by law, and set up hospital registration and the process for obtaining a birth certificate.
Also, reviewing the rights to naming, hospital room set-ups and delivery attendance requests. Detail who will make medical decisions regarding the child, and the protocol for immediate postpartum care and custody transfer.
Plan for multiple births, premature births, or unexpected complications leading to long-term inpatient care.
Confidentiality and Privacy Protection
Adopt strict standards of confidentiality to safeguard the privacy of both parties to the arrangement, including their desired closure under the arrangement. Discuss the use of social media, limitations of disclosure to the public, and sharing information among friends and family.
Decide what information can be given out, to whom, and for what reasons. Put boundaries in place to safeguard medical and personal information during and after the match.
Elimination and Reduction Provisions
As difficult as it is to talk about, contracts should include provisions about pregnancy elimination and/or reduction. Make a simple statement regarding the legal rights and responsibilities of all parties to these provocative medical decisions by existing law and the principles of medical ethics.
Include clauses concerning spontaneous termination of pregnancy, including emotional support, medical management, and financial implications. Create step-by-step guidelines for how to handle these situations with sympathy and support.
Communication and Relationship Parameters
Specify lines of communication, including the frequency and modality between the intended parents and the surrogate during the pregnancy. In some arrangements, the parties communicate and socialize regularly and nearby, in other forms of contact is more formalized.
Set appointment fingertips in delivery and keep up the ongoing flow of communication. Some of these items may be: contain a conflict resolution process or policy, which may include a mediation service.
Insurance and Liability
Cover the insurance needs of the surrogates and intended parents, including pregnancy-related health insurance and complications. Outline who handles insurance premiums and what happens with non-covered expenses.
Protect everyone from liability and set up a process for addressing insurance claims and coverage controversies. Think about additional insurance to cover the unique risks of a surrogacy situation.
Validity of Contract
Make certain that the contract meets the requirements of both the state and federal law that apply to surrogacy agreements. Add a clause regarding legal changes that could influence the agreement and appoint a jurisdiction to settle disputes.
Include some flexibility to accommodate legal differences between states, especially if the surrogate and intended parents live in different states.
Reproductive lawyers with experience in drafting surrogacy agreements should conduct a thorough legal analysis to ensure that comprehensive and enforceable surrogacy contracts are written to protect everyone involved in the surrogacy arrangement and in achieving a successful surrogacy outcome.