The legality of surrogacy varies around the world. Many countries do not have laws dealing specifically with surrogacy. Some countries ban surrogacy altogether, while others prohibit commercial surrogacy but allow altruistic surrogacy (where the surrogate mother is not financially compensated). Some countries allow commercial surrogacy with few restrictions. Some jurisdictions extend the prohibition of surrogacy to international surrogacy. In some jurisdictions, the rules that apply to adoptions apply, while others do not regulate the practice. Surrogacy is an agreement that is often supported by a legal agreement in which a woman (the surrogate mother) agrees to bear a child to another person or to persons who become the parents of the child after birth. All important decisions and possible scenarios (as well as possible reactions) are documented in the contract. Throughout the surrogacy journey, anyone can refer to the contract as their personal roadmap. Many developments in medicine, social practices, and legal proceedings around the world have paved the way for modern surrogacy: The surrogacy contract (sometimes referred to as a surrogacy agreement) is a binding legal document that guides the entire surrogacy process for intended parents and surrogate mothers.
This is one of the most important parts of the entire surrogacy journey. These formal contracts avoid misunderstandings and disputes; Establish clear boundaries, timelines and expectations; and protect all parties involved – the surrogate mother, the intended parents and the baby. Among surrogacy agreements, between 19% and 33% of surrogate mothers successfully become pregnant through embryo transfer. Of these cases, 30-70% will allow intended parents to become parents of the resulting child.  Surrogacy contracts found online are generally short-sighted and generic. They generally do not take into account the individual needs and circumstances of each party, and they certainly do not cover all possible outcomes and variables that could affect the course of the surrogacy agreement. This can lead to extreme legal consequences, as well as an increased likelihood of disputes and misunderstandings between the surrogate mother and the intended parents. Without a strong legal contract, there is virtually no protection for the surrogate, intended parents or child. Most intended parents have not thought about what they would like to do if their surrogate mother became pregnant with two of her embryos at the same time, or how the surrogate`s compensation should be adjusted if the pregnancy requires additional medical procedures.
The surrogacy contract is an opportunity for the surrogate mother and future parents to examine these types of questions and to define together and decisively what their answer would be. Jennifer will guide you through everything and ask you any questions you would never have considered. Traditional surrogacy (also known as partial, natural or direct surrogacy) is a maternity ward in which the surrogate mother`s egg is fertilized in vivo by the sperm of the father or intended donor. Insemination of the surrogate mother can be done by natural or artificial insemination. The use of sperm from a donor results in a child that is not genetically related to the intended parents. When the sperm of the intended father is used in insemination, the resulting child is genetically related to both the intended father and the surrogate mother.  However, signing a surrogacy contract in South Carolina can be complicated, and you`ll need the help of an experienced surrogacy attorney to do so. Attorney Jim Thompson has worked with many intended parents and potential surrogates for their surrogacy contracts, and he can certainly do the same for you. Whether he represents the interests of the intended parents himself or refers a potential surrogate mother to his own legal counsel, he will ensure that all necessary steps are followed when creating a surrogacy agreement.
New York declares surrogacy contracts that violate public order null and void and unenforceable. Contractors are subject to a civil penalty of up to $500. Those who help negotiate the contract will be subject to a civil penalty of $10,000 and forfeiture of expenses received in connection with the negotiation of the contract. A second offence is a criminal offence. However, the participation of a biological mother in the contract cannot be invoked against her in a custodial dispute with the genetic parents or grandparents. Another point of contention related to surrogacy within the Jewish community is the question of the definition of motherhood. There are usually three conflicting views on this topic: 1) the egg donor is the mother, 2) the surrogate mother is the mother, and 3) the child has two mothers – both the egg donor and the surrogate mother.  While most claim that parenthood is determined by the woman who gives birth, a minority choose to consider genetic parents as legal parents, citing the well-known passage from The Talmud`s Sanhedrin 91b, which states that life begins with conception.
 The question of the definition of Judaism in the context of surrogacy is also controversial. Jewish law states that if a Jewish woman is the surrogate mother, the child is Jewish.  However, this often raises questions when the child is raised by a non-Jewish family, and approaches to solving this problem are also widely discussed in the Jewish community.  Without this protection, which is provided by a fully concluded surrogacy agreement, expectant parents could end up spending significantly more time and money justifying their rights over their child in postpartum litigation. Michigan declares surrogacy contracts null and void and unenforceable because they violate public order and punish violations. A party to a surrogacy contract is liable for an offense punishable by a fine of up to $10,000 and/or one year in prison. Someone who initiates or organizes such an agreement is guilty of a crime that results in a fine of $50,000 and/or 5 years in prison. The same penalty applies to any person involved in an agreement with a surrogate mother, who is a non-emancipated minor, who has a mental illness or who suffers from a developmental disorder or intellectual disability.
Another deterrent is that the person who has custody (probably the biological mother) can retain custody if a custody dispute arises until a court decides otherwise. Our international experience also sets us apart. We know the right language needed to protect your child`s birthright and citizenship status. .