A surrogate mother is a woman who carries and gives birth to the child of another woman, who is usually infertile, by way of a pre-arranged legal contract. There are several types of surrogacy. In the gestational surrogacy program, the client family creates embryos via the In Vitro Fertilization process. The client husbands sperm and the client wifes eggs are utilized to create these embryos. These embryos are implanted into the uterus of the surrogate mother. The surrogate mother, who is not genetically related to the child in any way, carries the child on behalf of the client family. Gestational Surrogacy using an egg donor is identical to the gestational surrogacy program. However, another woman donates the eggs used in In Vitro Fertilization.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
In Santa Clara, California, a Surrogate or Surrogacy Agreement for Artificial Insemination between Husband, Wife, and Donor — Identity of Donor Known is a legally binding contract between a married couple seeking to have a child through surrogacy and a known donor. This agreement outlines the terms and conditions of the arrangement to ensure the rights and responsibilities of all parties involved are protected. The Santa Clara Surrogate or Surrogacy Agreement for Artificial Insemination acknowledges the unique nature of the surrogacy process and addresses various aspects such as: 1. Parties involved: The agreement clearly establishes the identities and roles of the husband, wife, and donor. It ensures that all parties are of legal age and mentally competent to enter into the agreement. 2. Purpose and intent: The agreement states the mutual purpose of the parties, which is to facilitate artificial insemination using the sperm from the known donor, with the wife serving as the surrogate mother. 3. Rights and responsibilities: The agreement outlines the rights and responsibilities of each party. It specifies the husband and wife's right to have a child through artificial insemination, the donor's commitment to provide sperm, and the surrogate mother's responsibility to carry the pregnancy to term. 4. Medical procedures: This section of the agreement covers the details of the artificial insemination procedure, including whether it will be performed at a fertility clinic or with medical professionals present. 5. Financial arrangements: The financial aspects of the surrogacy arrangement are discussed, including the reimbursement of medical expenses, compensation for the surrogate mother, and any other financial obligations agreed upon by the parties. 6. Parental rights and legal parentage: The agreement addresses the legal parentage of the child and clarifies the intentions of the husband and wife to be recognized as the legal parents upon the child's birth. It may also include the donor's agreement to waive any parental rights and responsibilities. 7. Confidentiality and privacy: The agreement may include provisions to ensure the privacy and confidentiality of all parties involved, including their personal and medical information. 8. Dispute resolution: In case of any disputes or disagreements during the surrogacy process, the agreement may outline the preferred methods of resolution, such as mediation or arbitration, rather than resorting to litigation. It is important to note that there may be variations or additional clauses in Santa Clara Surrogate or Surrogacy Agreement for Artificial Insemination between Husband, Wife, and Donor — Identity of Donor Known based on the specific needs and preferences of the parties involved.In Santa Clara, California, a Surrogate or Surrogacy Agreement for Artificial Insemination between Husband, Wife, and Donor — Identity of Donor Known is a legally binding contract between a married couple seeking to have a child through surrogacy and a known donor. This agreement outlines the terms and conditions of the arrangement to ensure the rights and responsibilities of all parties involved are protected. The Santa Clara Surrogate or Surrogacy Agreement for Artificial Insemination acknowledges the unique nature of the surrogacy process and addresses various aspects such as: 1. Parties involved: The agreement clearly establishes the identities and roles of the husband, wife, and donor. It ensures that all parties are of legal age and mentally competent to enter into the agreement. 2. Purpose and intent: The agreement states the mutual purpose of the parties, which is to facilitate artificial insemination using the sperm from the known donor, with the wife serving as the surrogate mother. 3. Rights and responsibilities: The agreement outlines the rights and responsibilities of each party. It specifies the husband and wife's right to have a child through artificial insemination, the donor's commitment to provide sperm, and the surrogate mother's responsibility to carry the pregnancy to term. 4. Medical procedures: This section of the agreement covers the details of the artificial insemination procedure, including whether it will be performed at a fertility clinic or with medical professionals present. 5. Financial arrangements: The financial aspects of the surrogacy arrangement are discussed, including the reimbursement of medical expenses, compensation for the surrogate mother, and any other financial obligations agreed upon by the parties. 6. Parental rights and legal parentage: The agreement addresses the legal parentage of the child and clarifies the intentions of the husband and wife to be recognized as the legal parents upon the child's birth. It may also include the donor's agreement to waive any parental rights and responsibilities. 7. Confidentiality and privacy: The agreement may include provisions to ensure the privacy and confidentiality of all parties involved, including their personal and medical information. 8. Dispute resolution: In case of any disputes or disagreements during the surrogacy process, the agreement may outline the preferred methods of resolution, such as mediation or arbitration, rather than resorting to litigation. It is important to note that there may be variations or additional clauses in Santa Clara Surrogate or Surrogacy Agreement for Artificial Insemination between Husband, Wife, and Donor — Identity of Donor Known based on the specific needs and preferences of the parties involved.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.