Legal Requirements

When the infertility center mentioned that we had to have an attorney, I had no idea that so much could be involved. The contract that was signed by Gordon & Jessica (Intended Parents), Alice & Dan (Gestational carrier & Husband) was 23 pages long and gave extensive details.

For anyone interested, I want to mention some of the legal requirements. That is, as much as I remember…

*Because Alice was married, her husband, Dan, had to agree to the whole process and everything involved.
*Alice had to already have a child of her own.
*Dan & Alice’s sperm or eggs can not be used.
*Alice could not be receiving any assistances from the state or government.
*Background checks on both Gordon & I.
*Child protective service had to do a six-week, in-home eval, or the judge could decide to waive it.
*Both parties (Dan & Alice and Gordon & I), had to have psychologist deem us competent to go thru surrogacy process.
*We all had to be over the age of 21.
*We all had to understand that several attempts may be necessary and there is no guarantee that a pregnancy may occur or that the pregnancy will go full-term.
*The child is to be raised by the Intended Parents without any interference by the Gestational Carrier and Gestational Carrier’s Husband and without any retention or assertion by them of any parental rights or visitation rights.
*We had to get Alice on a good, maternity, insurance health coverage.
*We also had to assure that the child would be covered under health insurance, but couldn’t be under Alice’s insurance.
*All parties had to have all medical examinations, blood tests and other tests required by the infertility doctor.
*Gordon and I had full access to Alice’s medical records relating to surrogate process.
*Alice had to be willing to go thru any procedure that the OB or I felt necessary.
*During her pregnancy, Alice agrees not to participate in dangerous sports or hazardous activities, and not to knowingly allow herself to be exposed to radiation, toxic chemicals or communicable diseases.
*Dan and Alice had to agree to refrain from sexual intercourse during the time specified by the infertility doctors.
*Alice had to agree not to smoke any type of tobacco, drink alcoholic beverages or excessive caffeinated beverages, or to use any illegal drugs, prescription or non-prescription drugs without the written consent of her physician and/or obstetrician.
*Alice can’t leave our current state during the pregnancy, and can’t leave the city during the second & third trimester.
*Alice had to agree to allow intended parents to be at doctor appointments.
*Alice can not nurse the baby.
*Alice can not have any input on the baby’s name.
*Intended parents have all rights on decisions pertaining to the fetus or unborn child.
*Gordon & I agree to assume legal responsibility and accept custody of child regardless of birth defects or physiological abnormalities.
*Dan & Alice have to give up custody as child is born.
*Genetic testing is required at time of birth.
*Gordon & I had to agree in legal document who would obtain custody of child in the event of either or both parent’s death or divorce.
*Under legal contract, Alice can not terminate the pregnancy.
*Alice could not make decisions about selective reduction of embryo.
*Dan & Alice have no say in child’s care or decisions.
*In the event that Alice incurred seriously injured or suffers a life-threatening illness, the doctor could choose to put her on life-support to save baby.
*Any medical or psychological risk or problem will be the financial responsibility of intended parents.
*Gordon & I agree to pay for any psychiatric counseling needed for Alice before, during, or after pregnancy.
*Intended parents resume all financial responsibility of medical, counseling, attorney fees, life insurance, health insurance, supplemental insurance, and compensation for Gestational Carrier.


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