What are Legal Concerns?
It’s very important that a legal contract is in place before the process begins to protect the rights and responsibilities of the parents, surrogate, and intended child. A contract is signed by the surrogate or gestational carrier prior to the procedure. Using a gestational carrier carries less risk for intended parents of the legal contract being broken due to the fact that the child is not biologically linked to the surrogate. In traditional surrogacy, there is a larger risk that the surrogate may change their mind and bond during pregnancy to the child. Both the third party and intended parents should have separate legal counsel to ensure that each party’s rights are protected.
