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Key Legal Considerations When Reviewing Surrogacy Agency Contracts

Key Legal Considerations When Reviewing Surrogacy Agency Contracts

The surrogacy agency agreement delineates the terms and conditions governing the relationship between two crucial parties: the Intended Parents and the surrogacy agency. This document plays a central role in shaping the surrogacy journey, making it vital to ensure it is well-drafted, legally sound, and aligned with the interests and expectations of all parties involved.

In this article, written by legal experts from TSONG LAW GROUP, we aim to delve deep into the importance of this process, offering a comprehensive understanding of key factors to consider when reviewing a surrogacy agency agreement.

When contemplating surrogacy as an option, Intended parents face the choice between utilizing a surrogacy agency or navigating an independent journey. Each option carries distinct advantages and considerations, with the decision hinging on specific needs, preferences, and circumstances. Some prioritize the expertise and support offered by agencies. When opting for an agency, a critical review is necessary when presented with a surrogacy agency agreement.

 This agreement, a legally binding document, outlines the terms and conditions governing the relationship between the parties—the Intended Parents and the agency. A thorough examination of the agency agreement is important because it has a major role in shaping the surrogacy journey. One should confirm during their examination that the document is well-drafted, legally sound, and aligns with the interests and expectations of the parties.

In one of Tsong Law Group,  recent weekly FAQs seen on Instagram, you can find an overview of what to keep an eye out for. This article aims to delve deeper into its importance, offering a more comprehensive understanding of key factors.

Here are some crucial elements to keep in mind when reviewing surrogacy agency contracts


Agency Fee:

Clear information on when and how much Intended Parents need to pay the agency is vital. The agreement should clearly outline payment stages, amounts, and methods, as there are variations between different agencies. A close reading of the agreement before signing is essential as sometimes differences arise and require timely negotiations. Additionally, Intended Parents need to understand what services are covered by the agency fee as it is crucial for transparency.

Rematch Fee:

The surrogacy agency agreement outlines additional costs or fees in scenarios where Intended Parents and the surrogate seek a new match due to the termination of their initial match. Attention should be given to situations where no rematch fee is charged, especially in cases of surrogate withdrawal or failure to pass clinic screening. The circumstances exempt from rematch fees vary between cases such as a surrogate not becoming pregnant, and charges may differ.

Duration of the Contract:

The length of a surrogacy agency agreement, typically outlined in the terms, will vary. Some agencies chose to add additional fees for extending the contract or introduce an entirely new agency fee, necessitating a careful review of the agreement details. Some considerations to factor in are the times for pre-screening, legal processes, potential multiple transfers, and the likelihood of failed matches and rematches. These factors can play a role in the timing of the journey.

Services Provided:

Surrogacy agency agreements include various services. Coordination is generally included but post-contract services are important to look for. An agency will provide referrals, seek updates from the surrogate, and mediate any differences between the parties. Post-contract services include what the agency will do after contracts are signed. For instance, Intended Parents may request the case manager present during embryo transfers or delivery.

Given the intricacies of agency agreements, this overview does not cover all the important points.

Seeking legal review of the surrogacy agency agreement is advisable and Tsong Law Group with its expertise in the surrogacy legal landscape, can offer guidance and assurance. For more information:

*At Tsong Law Group, family formation law is our specialty. We provide the legal means to expand your family, whether you choose adoption or assisted reproductive technology. We provide expert drafting and review of contracts for: egg/sperm donation, embryo donation, surrogacy contracts and parentage actions.

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