The Importance of a Surrogacy Contract

One of the key elements of the surrogacy journey is the contract signed between the intended parents and their surrogate mother. This is the agreement that is going to regulate the whole surrogacy process. It defines the rights and duties of both parties as well as the ways to control that the terms are observed. Therefore, it’s important that the contract is correctly drawn up according to the Ukrainian legislation.

Signing a contract, a surrogate mother agrees that she is obliged to bear and give birth to a child, not claiming any parental rights afterwards. She understands her commitment to do her best to contribute to the successful course of pregnancy and to the protection of the fetus’ well-being. To take all the necessary medicines in a proper time and to do all the medical procedures prescribed by the doctor are the main surrogate mother’s duties. In a contract they are described in the smallest details.

In their turn, the intended parents agree to pay a certain sum of money (compensation for a surrogate mother) in the form and amounts defined by the surrogacy contract. Their duties are to take the baby immediately after it’s born and to register the baby at the correspondent institutions. At the same time, the intended parents can meet their surrogate mother in person, have the right to be aware of her well-being before and during the pregnancy, and can demand her compliance with all the doctor’s instructions.

Our lawyers draw up and provide our clients with surrogacy contracts that also include such important paragraphs like Statements of the Parties, Guarantees, Costs of Services and the Payment Procedure, The Parties’ Responsibility in Case of Breaking the Contract etc. The confidentiality terms are set by our contracts for an unlimited time and their violation is strictly punishable.

In order to avoid any possible misunderstanding or cheating and to protect the rights of both parties, a surrogacy contract is concluded in two languages (Ukrainian and the native language of the IP) in two authentic copies that have equal legal effect, each party receiving one copy.

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