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Considerations for surrogacy agreements in New York

On Behalf of | May 24, 2023 | Family Law

Couples and individuals have many options to build their family. If they choose surrogacy, there are important items to consider adding to the agreement.

Surrogacy refers to the process of a woman carrying and delivering a baby for another person or couple. Sometimes, these families choose to pursue surrogacy because they are unable to carry a child. Because of the emotions that can be involved in this process, it is important for all of the parties to have a clear understanding of the arrangement.

In New York, the intended parents must be a minimum of 18 years old and must contribute genetic material to create an embryo. The surrogate must be at least 21 years old and have given birth to at least one child.

Surrogacy agreement

The surrogacy agreement must be in writing and signed by all parties. It should include the amount of compensation the surrogate will receive, how often it will be paid, what the intended parents’ responsibility will be for medical expenses and other insurance.

Financial compensation might include medical bills, legal fees and travel costs. It’s important for these to be clear in the agreement to avoid disagreements later.

The intended parents may also want to include the level of involvement they will have in the pregnancy and delivery or if they want the surrogate to be a part of the child’s life as they grow.

The surrogate and the intended parents may have to undergo a medical evaluation, both physical and psychological. The surrogacy agreement must also be filed with the court.