Legal Definitions - surrogacy contract

A surrogacy contract, also known as a surrogate-parenting agreement, is a legal agreement between a woman and typically an infertile couple. The woman agrees to carry an embryo throughout pregnancy using her uterus. This agreement is especially important for couples who cannot conceive a child on their own.

The contract is between the intended parent and the surrogate mother. It outlines that the surrogate mother will bear a child for the intended parent and relinquish any and all rights to the child. If the surrogate mother is married, her husband must also agree to the terms of the surrogacy contract. The agreement usually provides that the woman will relinquish to the couple any parental rights she may have upon the birth of the child.

However, complex issues arise concerning who is the parent of the resulting child. The genetic donor of egg or sperm, a spouse of either donor, the surrogate, or the person intending to care for the resulting child? American jurisdictions are split on the interpretation and enforceability of these contracts.

For example, John and Jane are a couple who cannot conceive a child on their own. They enter into a surrogacy contract with Mary, who agrees to carry their embryo throughout pregnancy. The contract outlines that Mary will relinquish any and all rights to the child upon birth, and John and Jane will become the legal parents of the child.

However, if Mary is married, her husband must also agree to the terms of the surrogacy contract. This is to ensure that all parties involved are aware of the legal implications of the agreement.

The surrounding circumstances of the surrogacy contract are the facts underlying the act of carrying the embryo and giving birth to the child. These facts are important in determining the legal rights and responsibilities of all parties involved.