A surrogate mother’s rights during assisted reproduction should be documented to ensure everyone involved in the process is protected. While it’s crucial to protect the rights of the intended parents, it’s just as important that donors and surrogates understand the responsibilities and liabilities they are exposed to in this process as well.  Since current North Carolina laws are vague regarding the rights and obligations of the parties participating in the process of assisted reproduction, many families use contracts (including donor and surrogacy agreements) to clarify their intentions.  A carefully drafted agreement can provide the best protection against legal conflicts between the parties, and it can provide the court with evidence of each party’s contractual rights and obligations, including the relinquishment of the possible parental rights of the non-intended parents.

Contact us at 919-783-9669 today to discover how we can help you with your surrogate mother’s rights and agreements.

A surrogate mother’s rights affect the intended parents as well as the surrogate’s own family. That is why it is important that there be a written contract with clear statements about the surrogate mother’s rights, her husband’s rights if she is married and the rights of the intended parents. The agreement should set out each person’s rights and responsibilities. The document should cover the entirety of the surrogacy, from preconception through the pregnancy and after the birth of the child.

Often times, assisted reproduction medical providers will not perform the embryo transfers into a surrogate’s uterus without a surrogacy contract, signed by all parties involved.

There are two types of surrogate mothers:

  • Traditional – The intended father’s sperm would be artificially inseminated into the surrogate.
  • Gestational – The surrogate mother would undergo in vitro fertilization. During this process the embryo from the intended mother and father would be placed into the surrogate’s uterus. Then, the surrogate would carry the embryo to full term.

A surrogate mother’s rights, and the rights of all parties involved in assisted reproduction, can be protected through a formal surrogacy contract. If you need help with writing or formalizing a surrogacy contract, contact a family law attorney.