# SURROGACY AGREEMENT



## janesmith488

Hi girls
I was wondering if anyone had a surrogacy agreement that they wouldn’t mind me having a look at. Obviously please feel free to blank out any personal details but if anyone has and wouldn’t mind me having a look, could you please PM me, I’d be really grateful. I know there are risks but I just wanted to see what it contains and whether its possible for me to do one myself rather than go through an agency to do one.

Many thanks
Jane
x


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## Marie71

Oh, me too, please! I would be grateful if I could see the kind of things other people have put in their agreement.  Is it necessary to get advice from a solicitor, or do people do it on their own? The solicitor, apparently, cannot do it FOR you, as it is illegal for a 3rd party to negotiate a surrogacy agreement for profit. I have been quoted £560 for sollcitors' ADVICE, and am frankly struggling to justify this cost. What do others think? Did you have solicitors advice, or did you go it alone? And if you did, was it worth it? Don't get me wrong, I would always have a solicitor for the drawing up of wills, or legal representation if things, heaven forbid, went wrong, I just find it hard to see how general advice is worth nearly £600.


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## Amandajb

Marie

Have PM'd you.  


Amanda


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## pudge

Morning 

Could i possably be cheeky and ask for a copy too !!! again would find it really usefull to see what details go into the agreement, my surrogate is my dear SIL so wondering how detailed this needs to be.

thank you

pudge 
x


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## CarolynB

Afraid that I do not have a surro agreement that I can share but just wanted to add a little to the debate.

My surro angel was my sister so we did not put in place an agreement.

Several reasons really - cost as Marie as pointed out; they have no legal standing as I understand it (I am not a lawyer but this is my understanding based on what I have read); and also I felt that given it was a close family relative then I thought that it would be detrimental rather than helpful to the whole surrogacy journey.

Guess everyone has to make their own choices.  We worked through matters in counselling which would have been covered by a surrogacy agreement.

Pudge - guess it depends how good your relationship is with your sil before you decide whether to put in place an agreement or not

My understanding is that it would cover - procedures for expenses (what and how it gets reimbursed), birth arrangements (who there, decision making etc), attendance at scans, m-w appointments etc, number of attempts to be made, testing during pregnancy (amni, nuchal etc), number of embryos to be transferred.

Personally if it had not been a close family member then I would have opted for an agreement to be clear up front and avoid confusion down the track.

What I may try to do is see if I can do a cut and paste from our counselling notes in case it helps.

Good Luck all.
Carolyn


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## CarolynB

Dear all

In case it helps anyone I have cut and pasted below the issues/questions which the cousellor covered with me and my dh and my sister and her dh.  My guess is that these are the same sort of topics that you would look to cover in an agreement or up front between the two parties.  The lists are quite duplicative but have posted both in case IPs and/or surros find useful.

Hope that this works (my technology skills are not great) and is helpful.

Carolyn xx
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Implications Counselling – Host Surrogacy  - Issues to work through with Intended Parents

Background
•	History of relationship and decision to have a family together
•	Current family situation 
•	Reason(s) for pursuing surrogacy
•	Previous experience of medical interventions / treatment
•	Impact of previous experiences / infertility / loss on individual and on couple
•	History of relationship with proposed surrogate / husband / family
•	Extent of discussion and progress with proposed surrogate and husband towards surrogacy (formal arrangements)

Surrogacy arrangement  
•	Each partner’s feelings about someone else carrying his / her / their child
•	Bonding with child

Support Network 
•	Extent of disclosure to extended family, close friends and wider social network re proposed surrogacy 
•	Their reactions and anticipated levels of support
•	Any implications for child’s acceptance into family / social circle
•	Managing disclosure and reactions – wider family / social circle  
•	Couple’s overall needs and sources of support 
•	Information on other sources of support available (counselling, national surrogacy / fertility organisations and websites)

Recruitment of Surrogate
•	Background to selection 
•	Extent of surrogate’s knowledge re couple’s infertility and processes involved in surrogacy arrangements
•	Current relationship with surrogate and husband 
•	Relationship with surrogate’s child/ren 
•	Potential short and long term impact of surrogacy on relationships if successful / unsuccessful
•	Attitudes of immediate and any extended family members

Pre Treatment considerations
•	Knowledge and understanding of surrogacy; source and reliability of information accessed
•	Time-frame of undertaking
•	Extent of discussion between intended parents, surrogate and partner on: 
	envisaged relationship / frequency and type of contact during treatment, any resulting pregnancy and following birth
	agreements on management of pregnancy: lifestyle issues, clinical recommendations and decisions, birth and post-birth arrangements 
	management of possible treatment failure 
	number of times intended parents plan to attempt a pregnancy / surrogate is willing to undergo treatment

Treatment considerations	
•	Implications of:
	multiple pregnancy / birth 
	prenatal screening 
	foetal abnormality (continuation of pregnancy or termination)
	child born with disability / need for additional care 
	miscarriage 
•	Contact with surrogate – extent, format and frequency during treatment / pregnancy / after birth 
•	Birth of child - who will be present, when and where
•	Support and aftercare (going home)
•	Possibility of treatment failure, miscarriage 

Legal
•	Life Insurance – including Critical Illness Insurance - for Surrogate
•	Wills – Guardianship of unborn child 
                      - Trust Fund
•	Surrogate’s expenses / receipts / loss of earnings during pregnancy
•	Legal parentage of child 
•	Registering birth 
•	Parental responsibility agreement 
•	Parental Order - criteria, process (court / Children’s Reporter), birth certificates  

Child
•	Managing information about surrogacy and supporting the growing child’s awareness and understanding
•	Support available – counselling, national surrogacy / fertility organisations and websites
•	Ongoing relationship with surrogate and her existing children



Implications Counselling – Host Surrogacy - Potential Host Surrogate and Husband

Background
•	History of relationship with intended parents 
•	Own relationship and current family situation – own children
•	Extent of discussion between surrogate and partner / family before proposing to undertake surrogacy 
•	Motivations for undertaking surrogacy
•	Extent of discussion and progress with intended parents towards surrogacy (formal arrangements)
•	Own family complete? Risks of pregnancy / risk to future fertility 

Surrogacy arrangement 
•	Surrogate’s feelings about carrying a baby for another woman / couple (sister and brother-in-law)
•	Partner’s attitude and feelings about surrogate carrying another couple’s baby
•	Physical and emotional experience of previous pregnancies – as relevant for both surrogate and partner
•	“Handing over” baby - anticipated feelings  
•	Managing process for self and for/with own children 
•	Post-natal adjustment 

Support Network
•	Extent of disclosure to extended family, close friends and wider social network re proposed surrogacy 
•	Their reactions and anticipated levels of support
•	Managing disclosure and reactions  – wider family / social circle 
•	Own children’s degree of understanding, and reaction 
•	GP support and level of understanding
•	Anticipated / agreed level of support from intended parents
•	Information on other sources of support available (counselling, national surrogacy / fertility organisations and websites)

Pre Treatment considerations
•	Knowledge and understanding of surrogacy; source and reliability of information accessed
•	Time frame of undertaking 
•	Screening requirements 
•	Extent of discussion between surrogate, partner and intended parents on: 
	envisaged relationship / frequency and type of contact during treatment, any resulting pregnancy and following birth
	agreements on management of pregnancy: lifestyle issues, clinical recommendations and decisions, birth and post-birth arrangements 
	management of possible treatment failure 
	number of times surrogate is willing to undergo treatment / intended parents plan to attempt a pregnancy


Treatment Considerations
•	Implications of 
	multiple pregnancy / birth 
	prenatal screening 
	foetal abnormality (continuation of pregnancy or termination)
	child born with disability / need for additional care 
	miscarriage 
•	Contact with intended parents – extent, format and frequency during treatment / pregnancy / after birth 
•	Birth of child - who will be present, when and where
•	Support and aftercare (going home)
•	Possibility of treatment failure
•	Miscarriage 

Legal considerations
•	Life insurance - including Critical Illness Insurance - for surrogate
(from start of treatment process through to agreed period after birth or closure of 
            arrangement)
•	Wills – Guardianship of surrogate’s children and unborn child. 
                        Trust funds for all children
•	Expenses / receipts / loss of earnings during pregnancy
•	Legal parentage of child 
•	Registering birth 
•	Parental Responsibility Agreement 
•	Parental Order – criteria, process (court / Children’s Reporter), birth certificates 

Child
•	Surrogate’s envisaged level of contact / future relationship with child
•	Anticipated interaction / ongoing relationships within shared family network    
•	Preparedness to work with parents to help the child understand surrogacy
•	Impact of all these issues on surrogate’s own children


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## Amandajb

Hi Pudge!  -  Have PM'd you.

Carolyn - you are 100% correct.  These agreements have no legal standing in the UK so serve only to make sure that all parties know their responsibilities and what they can expect from the other party.  Counselling also pays a really big part, as you say, and clinics always advise undergoing this.




Amanda


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## Amandajb

Yes - forgot to add this.  

My IPs and I have always been asked for a copy of our agreement by the Court Official when going through the PO process.

Its one of the first things they say.

Amanda


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## Misi

Iam also going to be cheeky and ask if anyone actually managed to get a copy of a surrogacy agreement - and if so, could I pse have a copy?  I managed to find one online however it relates to American regulations not British 

Missy C


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## luski

dont no if this helps but we have used it as a basis 4 r agreement

http://www.surrogacysupport.co.uk/agreements_11.html

it has a list of wot should b included

Tammy

/links


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