A surrogacy contract is a written agreement entered into by intended parents and a surrogate that serves as the foundation for establishing the intended parentsā parental rights, terminating the surrogateās parental rights and setting forth the partiesā rights and obligations throughout their arrangement.
The purpose of the agreement is to establish the intended parentsā parental rights, terminate the surrogateās parental rights, and set forth agreements on important terms, such as how many embryos will be transferred during the embryo transfer procedure, agreement on communication between the parties during the pregnancy, setting forth the amount of involvement the intended parents may have with regard to medical decisions and freedom to speak with the treating physicians, setting forth conduct restrictions (ie. diet, dangerous activities, travel, medications), agreement regarding health insurance and medical expenses, agreeing upon the establishment of a trust or escrow account and setting forth the compensations and reimbursements the surrogate will be eligible for.
Itās important to work with an attorney that has experience in this field. This field is very unique and requires a breadth of knowledge that can only be gained through experience.
At the moment of birth, the intended parents are legally the parents of the child. Further, parental rights are determined by the court on the basis of the legal agreement. A court will look at the intentions of the parties at the time the contract was entered to determine who should be treated as the parents of any child. To be in compliance with California law, this agreement must be entered into prior to the embryo transfer procedure, or prior to the time a pregnancy is ever achieved. Therefore, even if a pregnant surrogate attempted to claim parental rights, the existence of the written agreement would preclude the establishment of her parental rights.
No. These are totally different.
This would be extremely unlikely. The agreement effectuates a waiver of donorās claim for parental rights.
The parental establishment process is the finalization of your parental rights in the court. The process involves proving to a judge, through written testimony of the IVF Physician, intended parents, surrogate and attorneys, that the child being gestated by the surrogate was a result of an embryo transfer procedure using embryos belonging to the intended parents, and it was performed pursuant to a written agreement whereby the intended parents expressed their intention to be the parent of any child that is born, and the surrogate expressed her intention that she would become pregnant, but that she would have no parental rights over any child that was conceived. Once completed, the KENYAN STATE officially recognizes the intended parentsā parental rights. The judgment (or pre-birth order) is a document signed by the judge which will give the birthing hospital authority to treat the intended parents as the legal parents in every respect, including allowing them to make medical decisions, take custody, and direct the hospital to fill out the birth certificate according to their wishes.
It depends on the county of the birth, but generally 1-3 weeks.
