Every surrogacy process — whether it’s gestational or traditional, compensated or altruistic, independent or agency-assisted — requires a surrogacy contract before it can be completed. This kind of surrogacy agreement is more than just a legal documentation of two parties entering the surrogacy process; it’s an outline for the entire surrogacy journey ahead.
If you need to complete a surrogacy contract in Kansas City, attorney Kevin Kenney can help. As an experienced surrogacy lawyer in Missouri and Kansas, he can help you through this drafting process. He will evaluate your personal surrogacy situation and ensure that your rights and interests are properly protected with a surrogacy contract that addresses all aspects of your upcoming journey. You must work with a surrogacy lawyer to successfully complete this step of the legal process; otherwise, you open yourself up to legal risks and complications.
To learn more about creating surrogacy contracts in Kansas City, please contact Kevin today at 913-671-8008.
What is a Surrogacy Contract?
As stated above, a surrogacy contract (also known as a “surrogacy agreement” or “surrogacy arrangement”) is a document that provides guidance for both parties during the surrogacy process. It addresses the steps to be taken, the rights and responsibilities of each party, potential liabilities and more. In short, it provides a legal roadmap for the surrogacy process moving forward.
Each surrogacy agreement is different based on the surrogacy situation and the desires of each party. Therefore, intended parents and surrogates must have separate lawyers during this drafting process — to ensure their individual rights and preferences are properly advocated for. Both lawyers will negotiate during the writing of the surrogacy contract, and only once each party has approved the contents will the document be finalized.
Surrogacy agreements in Kansas City and elsewhere in the U.S. usually address:
- The rights and responsibilities of each party
- The risks and liabilities for each party — and what steps to take should some come to fruition
- Finances, including the surrogate’s base compensation, additional compensation for invasive procedures and such, insurance information, and the intended parents’ responsibility to cover all surrogacy expenses
- Agreements on sensitive issues, like termination and selective reduction
- Expectations for contact and being present at important appointments
- And more
Working with a surrogacy attorney is the only way you can be sure that every potential “what if” and possibility is addressed in your legal document. Only after this legal contract is completed can parties move forward with the medical process of surrogacy.
Again, for more information about what is included in the surrogacy legal contract, please contact attorney Kevin Kenney.
Traditional Surrogacy Contracts vs. Gestational Surrogacy Contracts
One of the biggest defining factors of a surrogacy contract is whether it regards a traditional or gestational surrogacy. In a traditional surrogacy, a surrogate uses her own egg in the embryo creation process, making her genetically related to the child she carries — and adding other complications to the legal process.
If you are considering a traditional surrogacy contract, know that there will be additional steps and legal risks associated with this process. You likely won’t be able to obtain a pre-birth order in your state, and your surrogacy could be treated as an adoption — meaning a surrogate will have to terminate her parental rights, regardless of what parentage is addressed in the contract. Speak with attorney Kevin Kenney for more information on the process of creating a traditional surrogacy contract.
A gestational surrogacy agreement, on the other hand, is much safer in Kansas and Missouri. Because a surrogate is not genetically related to the child she carries, the path to establishing parentage is less complicated, and your contract will likely be more straightforward in nature.
Why Can’t I Create a Contract on My Own?
As you learn more about surrogacy contracts in Kansas City, you may come across sample surrogacy contracts found online. These websites advertise quick and easy ways to complete this legal step, saving intended parents money in avoiding surrogacy lawyers.
Using a sample surrogacy contract is inadvisable and incredibly risky. Because every surrogacy is different, there are no “one-size-fits-all” surrogacy forms. Using one of these “printable” surrogacy contracts opens you up to all kinds of legal risks, as there is no way they can possibly address all of the potential risks and liabilities of your unique process. An online sample surrogacy contract may seem to save you money in the short term, but it will cost you more money and legal hassle in the long-term — not to mention put the validity of your surrogacy in danger.
Again, only an experienced surrogacy attorney can create a proper surrogacy contract in Kansas City to keep you safe. With his expansive knowledge of the surrogacy process, attorney Kevin Kenney can create a contract tailored to your surrogacy journey. That way, you can remain safe and legally protected as your surrogacy process continues.
Let attorney Kevin Kenney be your experienced legal guidance in your drafting of your surrogacy contract in Kansas City. Contact him today to schedule your free consultation.