Since state laws can vary on extreme levels, it is vital that intended parents allow for this when they research their surrogacy contract. For example, some states may require that a traditional surrogate mother be listed as the mother on a birth certificate. In this case, the intended parents would have to legally adopt the child.
Since surrogacy contracts are long and complicated, it is always a good idea to hire a law firm to write and review them. However, if intended parents feel that they would like to write their own surrogacy contract, it would be advantageous for them to at least have it reviewed by a surrogacy lawyer. Since the process is so complicated, surrogacy contracts must be clear and concise and cover any eventualities.
Intended parents will want to know what happens if the surrogate changes her mind. They will wonder if they would be required to cover any medical expenses if they were to lose custody of the child. In addition, they may want to ask if their are any circumstances that void the contract.
Surrogacy contracts must cover any possible circumstance that can interfere with the successful completion of a surrogate pregnancy. However, that is not an easy task. Intended parents will want to take many factors into account and can only do so once they have asked their lawyers to go over each possible eventuality.
While many intended parents wish to focus only on the possible positive outcome of surrogacy contracts, they must also think of the possible negative outcomes. Intended parents should be realistic in their expectations and should take those possibilities into account when discussing surrogacy contracts. Intended parents must also discuss any concerns with the surrogate mother in order to be sure that all parties are comfortable and willing to sign the contract.