Surrogacy Contracts
Surrogacy contracts are generally subject to a high
degree of negotiation. There is no "stock"
agreement or "typical" surrogacy. Parties to a
surrogacy contract should absolutely each have
independent legal counsel. We have familiarity
negotiating with many attorneys in Colorado, as well
as with attorneys working throughout the United
States.
Some of our clients are matched through agencies;
other clients have gone through an independent match
process.
If you are just starting your journey, remember that
there are a number of issues that are variable in
each surrogacy contract, such as:
- The amount to be paid for living expenses
- Increases in living expenses for multiples
- Other payments to be made for circumstances such as C-section or D&C
- What fees and costs will be reimbursed by
the Intended Parents
- Whether there will be selective reduction
- How much life insurance will be carried by
the Surrogate, and what the insurance is
intended to cover
- The health insurance coverage of the
Surrogate
- Under what circumstances the contract can be
terminated
- How escrow funds will be managed
Provider Negotiation
If needed, we contact providers for counseling and
mediation services. We also contact hospital
administration and doctors to ensure that the
delivery experience goes smoothly and everyone
understands who makes decisions regarding the child,
and who is entitled to information regarding the
child. We can also prepare medical powers of
attorney and medical releases that may be necessary.
Health Insurance
Health Insurance for surrogates can often be
confusing. It is important to thoroughly
review and understand the surrogate's particular
plan, paying specific attention to covered benefits,
exclusions, and restrictions. Every insurance
policy is different. We can assist with
reviewing policies and can make recommendations for
alternative coverage, if necessary.
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