What is Surrogacy Treatment and the Legal Considerations?

What is Surrogacy Treatment and the Legal Considerations?

April 22, 2022 Off By Glespynorson

What Do You Mean By Surrogacy Treatment?

Surrogacy treatment is an agreement in which a female is paid to carry a child “for” another couple. Many infertile couples travel to India, where commercial surrogacy is permitted. Although this arrangement looks to benefit all parties involved, certain delicate concerns must be handled through carefully crafted rules to preserve the surrogate mother’s and intended parents’ rights. Surrogacy is also referred to as in-vitro insemination.

Legal Considerations Regarding Surrogacy Treatment:

RSC advises that you learn about and defend your legal rights during the third-party services process and talk with a surrogacy lawyer.

In all infertility treatment contracts, it is in the best interests of all parties to have expert legal counsel to draught a binding legal contract and seek a court order.

In most cases, the egg donor, surrogate, and/or intended parents each have their legal representation. Your doctor will want a “clearing letter” from your lawyer to show that all parties have signed an agreement.

The Purpose Of A Legal Contract:

The parties’ intent governs parental rights under California law in most circumstances. A written agreement is the simplest approach to clarify the parties’ intentions and resolve any potential future concerns, such as:

  • What if the egg donor or surrogate does not follow your doctor’s therapy or procedure instructions?
  • Who has disposal rights to any unused frozen embryos?
  • What is an egg donor’s responsibility if she discovers a hereditary condition in her family ten years after the kid is born?
  • Are those disposal rights subject to any restrictions?

Without A Legal Agreement:

  • Intended parents aren’t considered the child’s legal parents.
  • If the kid is born with health concerns, the surrogate, not the intended parents, makes the legal decisions.
  • The hospital treats the surrogate as the child’s legal parent, and the surrogate’s name appears on all medical documents.
  • The hospital cannot provide wristbands to intended parents, allowing them to visit with the newborn kid.
  • The intended parents will be unable to visit their kid if the court order isn’t acquired promptly and the child is delivered prematurely and placed in an intensive care unit.
  • The intended parents aren’t listed on the birth certificate as parents. Thus, they will have to adopt the kid.
  • The prospective parents’ health insurance does not cover the child.

What Should You Anticipate From A Lawyer?

Your attorney will create and negotiate a contract tailored to your specific requirements and concerns. It will include each party’s responsibilities and any difficulties that may occur in the future. Your lawyer will write a “clearing letter” to your doctor to ensure that all parties have fully completed an agreement.


Surrogacy agreements are complicated from a medical, emotional, financial, and legal standpoint. Surrogacy provides the possibility of having a child for certain people who previously were unable to have children, such as lesbian couples and women who cannot carry a pregnancy. So, for surrogacy treatment, contact Rainbow Surrogacy!