The Importance of Notarizing Your Surrogacy Agreement
By Tiffany V.
Published on 11/27/2023
KEY TAKEAWAYS
- Surrogacy agreements are legal contracts outlining roles
- Two types: traditional (biological mother) and gestational (no genetic link)
- Notarizing is vital for validity and enforceability
- Laws vary, consult legal experts
- NotaryLive offers online notarization for convenience and authenticity
Hey there, soon-to-be parents and potential surrogates!
If you're considering or embarking on the incredible journey of surrogacy, you're in for a life-changing experience.
Today, let's dive into the crucial steps of notarizing your surrogacy agreement, ensuring a safe, ethical, and legally safe path for all parties involved.
1. Understanding the Surrogacy Agreement
So, what exactly is a surrogacy agreement?
In simple terms, a surrogacy agreement is a legally binding contract that serves as a roadmap for the entire surrogacy process.
Picture it as a detailed guidebook that outlines the rights, roles, and responsibilities of both the surrogate and the intended parents from the beginning to the end of the pregnancy journey.
The surrogacy agreement is typically crafted with the assistance of legal professionals representing each party.
It covers various aspects from medical decisions, to the delivery process, and ensuring everyone is on the same page throughout the gestational surrogacy journey.
2. Types of Surrogacy
Now, let's break down the two main types of surrogacy: traditional and gestational.
This type of surrogacy requires the father's sperm to fertilize the surrogate's egg. This indicates the surrogate is not only the carrier but also the biological mother. Once the child is carried to term by the surrogate, the intended parents become the baby's legal guardians.
Before the pregnancy, the intended parents as well as the surrogate tend to discuss, determine, and agree on future involvement/responsibilities.
This type of surrogacy involves another person carrying and delivering a child for another couple or person.
Most pregnancies involving a gestational surrogate are done through in vitro fertilization (IVF), which uses the egg and sperm from the intending parents or a donor. The embryo is then transplanted to the uterus of the carrier.
Gestational is different from Traditional surrogacy for this reason:
- Gestational surrogacy involves the implantation of a donor's or the intended parents' embryo and sperm into a surrogate. Due to this, the surrogate will have no genetic tie to the child.
Besides these, surrogacies can be categorized based on financial and logistical arrangements:
- Compensated Surrogacy
- In compensated surrogacy, the surrogate mother receives financial compensation for carrying the baby.
- Altruistic Surrogacy
- In contrast, altruistic surrogacy is when the carrier does not receive any additional compensation beyond reimbursement for pregnancy and surrogacy-related expenses.
- Independent Surrogacy
- Independent surrogacy is when the intended parents and surrogate mother complete the surrogacy process themselves, without the help of a surrogacy agency.
- Agency-Assisted Surrogacy
- Agency-assisted surrogacy is when a surrogacy agency helps match intended parents with a surrogate mother and provides support throughout the surrogacy process.
3. Knowing The Risks & Benefits Involved In Surrogacy
Before planning to go through a surrogacy procedure, it's best to know the emotional toll and risks involved beforehand.
Traditional Surrogacy Risks
- Potential Risks for Parents:
- Illegal in many states and has many legal complications
- Emotional toll for parents
- High cost and no guaranteed process success
- Fertility treatment and medical procedure risks
- Potential Risks for Carrier
- Legal complications for the carrier
- Emotional distress during the procedure
- Fertility treatment and medical procedure risks
- High cost for IVF, medical procedures, legalities & compensation
- Pregnancy & delivery complications
Traditional Surrogacy Benefits
- Potential Benefits for Intended Parents:
- Parents have a genetic connection with their child
- More control over pregnancy and prenatal care
- Less expensive than gestational surrogacy
- Less legally complicated than gestational surrogacy
- Potential Benefits for Carrier:
- Financial compensation
- Emotional satisfaction
- Medical care throughout pregnancy & delivery
- Flexibility in terms of surrogacy arrangement
Gestational Surrogacy Risks
- Potential Risks For Intended Parents:
- Pregnancy may not be successful – there is no certainty
- Reproductive treatment & medical procedure risks
- High-cost IVF, medical treatments, legalities & compensation
- Miscarriage, problems & other health concerns
- Emotional toll
- Potential Risks for Carrier:
- High blood pressure
- Diabetes
- Infections
- Damage to reproductive organs
- Hypertension
- Slight bleeding
- Depression
- Difficult feelings of loss at the end of the procedure
Gestational Surrogacy Benefits
- Benefits for Intended Parents
- Parents maintain a genetic connection to the child
- Can be involved in the surrogacy process
- Less legally complicated than traditional surrogacy
- Benefits for Surrogates
- Compensated for time
- Surrogates can help intended parents achieve their dream of having a child
- Receive medical care throughout pregnancy & childbirth
3. Notarizing Your Surrogacy Legal Contract
Notarizing the surrogacy agreement is crucial, offering protection and peace of mind by validating all parties willingly agreed, preventing fraud, and ensuring legal enforceability.
4. Jurisdiction Matters
Surrogacy laws vary significantly, so understanding legal requirements in your specific location is crucial. Consulting with legal professionals is a must.
Make sure your state's laws meet all surrogacy requirements. You can read more on the legality of surrogacy from your specific state within this resource from the Legal Professional Group of the American Society for Reproductive Medicine.
5. Get Your Surrogacy Agreement Notarized With NotaryLive
If you're unable to sign and notarize the surrogacy agreement in person, you can legally get the document notarized through remote online notarization.
NotaryLive provides a remote online notarization process where you can remotely sign and notarize a document from the comfort of your own home.
Here's how NotaryLive works in 4 simple steps:
Click the button below to get started,
Notarize Your Surrogacy Agreement Now!
Embark on your surrogacy journey with confidence and peace of mind by using efficient and convenient remote online notary services like NotaryLive.
FAQ For Surrogacy Agreement
- What is surrogacy?
- Surrogacy is an agreement in which a woman chooses to become pregnant through an embryo transfer and carry the resulting pregnancy for the intended parents. There are a few different types of surrogacy: gestational vs. traditional, compensated or altruistic, and independent or agency-assisted.
- Who chooses surrogacy as a way to become parents?
- Couples & individuals of all types may choose this path to parenthood, but most commonly, the intended parents are people who have struggled with infertility, single parents, and same-sex couples.
- Whats the difference between traditional and gestational surrogacy?
- The difference is in whose egg is used. In traditional surrogacy, the surrogate's egg is used. In gestational surrogacy, the egg comes from the intended mother or a donor.
**Legal Disclaimer - We are not lawyers or attorneys and do not give any legal advice. Please check with your attorneys, advisors, or document recipients if you have any unanswered questions about your documents.
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Updated Date: 05/02/2024
