Today I came across an article entitled, “What It’s Really Like To Be A Surrogate Mother“. At first I thought “Yay! Another great article to share with our followers!”
However, as I read it I was mortified – not at the buying of supplies at Walgreens to do home inseminations (although it gave me pause), and not about the lack of information about FDA requirements for sperm donation to non-sexually intimate partners (I could speak at great length about this as well).
There was absolutely NO mention of the legalities involved in their surrogacy process. Nada. Nowhere did this article address the absolute importance of having an airtight contract in place prior to, or even during, this surrogate pregnancy.
Don’t get me wrong, it is a lovely thing to carry your brother’s child. But even (and especially) with family surrogacy, it is CRUCIAL to have legal framework outlining the surrogate relationship, medical issues, and parentage of the child. Sister could have refused to give up the baby and sued dad for child support. Not that she would, but she could have. Or the dads could have walked away and left her with baby and medical bills. Let’s just hope that all of this was taken care and only left out of the article for journalistic flow.
If and when you decide to give someone the gift of surrogacy, or are parents needing surrogacy to build a family, do not, never ever ever, enter into it without a legal contract.
(as an aside, we work with a number of trusted attorneys that are experts in the intricacies of surrogacy law).