More and more frequently, as an Austin Divorce Attorney, I'm consulting with clients about gestational surrogacy agreements and the issues that arise from such agreements. Because Texas is one of the few states which has enacted surrogacy legislation, it's imperative that Austin family law attorneys be familiar with the important issues which arise in gestational surrogacy cases.
A gestational surrogacy agreement is an agreement between biological parents and a carrier, known as a surrogate mother, whereby the surrogate agrees to have the embryo of the biological parents placed in her uterus in the hopes of impregnating her. If the procedure is successful and the surrogate becomes pregnant, she is obligated to make every effort to carry the pregnancy to term. Under the terms of the typical surrogacy agreement, the surrogate has no legal or physical claim or obligation to the baby, including parental rights.
A surrogacy agreement will address issues relating to:
ï Compensation to be paid by the biological parents to the surrogate;
ï Additional compensation in the event multiple births;
ï Compensation for incidental expenses related to the pregnancy, including travel expenses, telephone calls, and baby-sitting expenses for the surrogates other children;
ï Unreimbursed and uninsured medical expenses related or incidental to the pregnancy, including psychological counseling for the surrogate;
ï Life insurance on the life of the surrogate; and
ï Compensation in the event of a miscarriage.
We will discuss more issues that come into play with these types of agreements next time.
