Surrogacy Agreements
Thoughtful counsel for an important relationship.
A carefully prepared surrogacy agreement provides the legal framework for the arrangement, establishes the parties’ rights and responsibilities, and helps create clarity before the medical process moves forward.
A Legal Framework
For the journey ahead.
A gestational surrogacy agreement addresses much more than the parties’ shared intention to pursue a surrogacy arrangement. It anticipates many of the decisions and circumstances that may arise throughout the process and documents how the parties have agreed to approach them.
Depending on the arrangement and applicable law, an agreement may address compensation and expenses, medical care, insurance, communication and privacy, pregnancy-related decisions, travel, expectations during the pregnancy, parentage, and circumstances that could affect or bring an end to the arrangement.
The goal is not simply to prepare a comprehensive contract. It is to help the parties enter the arrangement with a clear understanding of their respective rights, responsibilities, and expectations.
For Intended Parents
Guidance from the beginning of the legal process.
Kinward reviews the circumstances of the proposed arrangement, coordinates with the gestational carrier’s independent counsel and other professionals, prepares and negotiates the agreement, and helps intended parents understand the legal issues and decisions that arise along the way.
For Gestational Carriers
Clear, independent advice.
Kinward reviews and negotiates proposed surrogacy agreements, explains the legal terms and their practical implications, identifies issues that warrant further discussion, and helps carriers make informed decisions before signing.
Surrogacy is collaborative, but the legal representation must remain independent. Kinward represents one side of a surrogacy arrangement, not both the intended parents and gestational carrier in the same matter.
The attorney representing the other party reviews and negotiates the agreement independently. Kinward also works as appropriate with agencies, fertility clinics, insurance professionals, escrow providers, and other participants so the legal work fits thoughtfully within the broader surrogacy process.
Clear Guidance
At every stage.
For many clients, the surrogacy agreement is one part of a process they have already spent considerable time preparing for. The legal process should add clarity rather than unnecessary complexity.
Kinward provides responsive counsel so clients understand the agreement, the decisions before them, and what to expect as the matter progresses.
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