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Surrogacy agreements and attorneys

Distinguish service contracts, surrogacy agreements, and each party’s professional legal advice.

Different documents

Agency service contracts, surrogacy agreements, medical consents, and fund-management documents may exist separately. Identify parties, scope, and relationships between documents.

The attorneys’ roles

Confirm whom each attorney represents, who provides individual legal advice, and whether a referral affects choice. Who pays an attorney’s fee and whom that attorney represents are different questions.

Discuss before signing

  • Responsibilities, costs, payments, and unused funds.
  • Insurance and uncovered expenses.
  • Privacy, contact, and information authorization.
  • Medical decisions and bodily autonomy.
  • Withdrawal, rematching, and dispute handling.

Agreements do not replace other procedures

A contract is not automatically a parentage order, birth certificate, or travel document. Attorneys must explain which rights can be agreed, enforceability, and limits around medical decisions.

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