Is a written agreement necessary?
Its hard to imagine a situation where a good written agreement could be more important. Surrogacy involves matters of health, life, death, and substantial sums of money. The laws regarding surrogacy may offer little guidance or protection. Its important to have an agreement that meets the parties needs and protects their interests. Among other things, a good surrogacy agreement does the following: • It outlines the basic understandings of the parties, to help ensure that everyone is on the same page and that there are no unspoken expectations or assumptions. • It provides guidance for future rights and obligations in the absence of applicable laws. • It governs the legal relationship of the parties throughout the surrogacy process and provides a written reminder of rights and obligations. • It allows the parties to plan and be prepared for worst-case scenarios.