Legal Surrogacy Guide: Contracts & Pre-Birth Parenting Order

Let’s review the legal process

Surrogacy involves two important legal steps—the contract and the pre-birth
parenting order. Both are explained here.

The contract

The legal contract is an agreement that you, as the surrogate, have with the intended parent(s). The purpose of the contract is to protect the rights of all parties.

For the surrogate, this contract provides financial protection from the medical costs and other costs incurred during pregnant and delivery. We ensure proper execution of the contract.

Legal surrogacy contracts include the following provisions:

– Compensation plan for the surrogate
– Financial responsibilities of the intended parents
– Parental rights and obligations
– Expectations for ongoing contact, lifestyle and birth
– Plans that everyone has agreed to in case something goes wrong

The PBO

The pre-birth parenting order (PBO) is a legal petition prepared by the attorney for the intended parents when the pregnancy is between 12 and 20 weeks gestation. The purpose of the PBO is to secure parental rights for the intended parents. It is a legal document that you review and sign. You receive a certified copy that goes with you to the hospital. A copy of the PBO is also submitted with the birth certification application.