Do I Need a Contract to Hire a Surrogate in Austin, Texas?

Some people want a family but aren’t able to have their own children. They could be older or maybe they have fertility issues. And, as much as adoption is a lovely option for a lot of couples, some people want their own biological children. One way to accomplish this is by using a surrogate. The problem is, this isn’t an option for everyone. It isn’t easy to find someone willing to carry a child for you. And, while some people are willing to do this for a fee, you may not be comfortable with a total stranger carrying your baby to term. But since it’s not always possible to find a family member or a friend willing to undertake this task, you may have no choice but to hire a stranger. 

Although it sounds a bit far-fetched, people do this all the time. There are people who are able to have children but either don’t want a child of their own or they already have a family. They feel for people who desperately want children so they’re willing to carry a baby for another woman. They’re not going to do this out of the goodness of their heart though. They typically charge very large fees to do this. They also expect the couple who wants a child to cover any medical expenses associated with having a baby. 

While you may think that you can arrange for this kind of agreement on your own, it’s not always the best idea. There have been cases in the past where a woman agrees to carry a child for you and then decides they want to keep the baby. Or, once pregnant, they don’t take care of themselves and can jeopardize the health of your future child. This is why it’s important that you have an adoption lawyer in Austin draw up a contract for you. It may seem a bit cold and callous to write a contract for your surrogacy, it’s the only way to protect everyone involved.

What Information Would Be in Your Surrogacy Contract?

If you’ve already found your surrogate, then you’ve probably already discussed the important points of your surrogacy. For example, you’ve probably already agreed on a fee to be paid. And you may have talked about attending their doctor’s appointments so you can keep up on the development of your future child. While you hope that everyone would stick to their word, sometimes, a person’s word just isn’t enough. You really need a legal contract between you and your surrogate. Not only will it protect you, but it will protect the surrogate. If they’re unwilling to sign one, then they may not have your best interests at heart. If this is the case, you may need to find someone else to serve as your surrogate.

Some of the terms that will be outlined in the surrogacy contract include the following:

  • The fee to be paid to the surrogate. This should be broken down into installments. For example, if you’re going to pay a certain amount upfront and another amount upon the birth of your child, then this needs to be specified. The same is true for any payments to be made at certain milestones. 
  • The fact that you’re allowed and able to attend any doctor’s appointments. The same is true if you’re going to be present at the birth and delivery of your baby.
  • Terms that outline that you and your spouse will be the legal parents of the baby once it is born.

Contact a Skilled Adoption Attorney in Austin to Draft Your Surrogacy Contract

If you’ve already decided to use a surrogate, then there are a few things you need to do. You need to find someone willing to carry your baby to term. Once you do that, you need a contract between you and your surrogate. This will protect both you and the surrogate in the event of a disagreement or issue down the road. That’s why you should call our office and meet with an experienced adoption lawyer in Austin. They can help draft a contract that protects you and your surrogate. You don’t want to risk not having a written agreement in situations like this. There’s no telling what could happen at any given point during or after the pregnancy. This contract will give you the peace of mind you need at a very important and fragile time. Call our office and set up a time to meet.