A legal term, such as this type of agreement, is a helpful tool for those families attempting to wade through the murky waters of child custody law. Below I’ll discuss why it’s so important to get the proper legal advice surrounding surrogate agreements so you’re protected legally.
A surrogate agreement template is nothing more than an agreement for someone to bear children for others who need them. It’s also known as assumption of consequences for the surrogate mother. It’s a contract granting the surrogate rights for the child that’s conceived or born under this legal agreement. Many surrogacy arrangements don’t require formal legal agreements. But without the agreements in writing, it falls under the laws of adoption.
When a surrogate mother has a child outside of wedlock, the fathers tend to assert their parental rights. Assuming custody of child under surrogate agreements can get very overwhelming. It’s true; however, that many family lawyers do not have the right legal knowledge in order to help you through the family law elements of surrogacy agreements. They simply look out for your best interests regarding the contract law.
The surrogate agreement becomes part of the contract law section of the legal books and records. Typically, the family lawyer will handle the adoption of the surrogate child. Child custody family lawyers should concentrate on the custody law aspects of the agreement and any disputes that might occur as a result of surrogate agreements.
The surrogate agreement is very important when establishing the rights of the surrogate and the child after the birth. In the absence of a legal agreement, the surrogate can make some demands, which can lead to a custody battle. A good family lawyer can document these requirements in the surrogate agreement so everyone avoids the hassle of family law court over a child.
Custody cases aren’t always clear cut. They can become very difficult after the birth of a child, especially with surrogate agreements. They can change the definition of what is a mother and/or father. Without a formal child custody agreement, the courts might assume the surrogate mother has legal rights to the child.
Nevertheless, surrogate agreements written between the contractor and the surrogate can alter the rights of the child, regardless of gender. It can give the father surrogate rights and the father can share parenting equally with the mother (or vice versa). Family law services that include written legal agreements can help avoid custody battles later on.
Surrogate agreements can protect the rights of the surrogate, the contractor, the child, and both parents. If the court sees no legal surrogate agreement, it will grant the surrogate alternative parenting rights. The surrogate can assert parental rights if the surrogate sees that the contractor isn’t properly caring for the child.
To simplify, these are the advantages and disadvantages of having a surrogate agreement template:
As you can see, I recommend a surrogate agreement template to protect all involved parties, including the child. Remember, surrogate agreements are a contract arrangement that will become part of the law. The surrogate rights must protect everyone involved.
Marriage is not necessary to constitute a legally binding contract. Therefore, it’s important to have a legally binding contract for surrogate agreements. The surrogate agreement template must have the following elements:
If you’re like many surrogate mothers, surrogate fathers, contractors, and intended parents, we need to stress the importance of legal documentations. When you finalize that surrogate agreement template with your family lawyer, don’t forget to consider the following aspects of surrogate agreements in your child custody law:
Your surrogate agreement template should be tailored to your unique situation, but it’s important to discuss the law and your legal options. Many families get overwhelmed with all the legal categories of the surrogate agreement template.
Creating legal documents, such as surrogate agreements, can be difficult to navigate without a family lawyer. Legal terms like consent changes with the laws, which can make your agreement obsolete. Therefore, it’s important to keep up with the laws and the legal documents.
Without knowledge of surrogate agreements, child custody disputes can arise if you aren’t careful. Can you imagine what happens if you’re wrong about surrogate rights? What if a surrogate child has special needs and you can’t handle the future responsibilities? With the right legal documentation, you can prepare for future contingencies.
The surrogate agreement template helps give you insight on what disclose before surrogacy and what will need to be disclosed after the surrogate child is born. Every situation is different and you should consider your unique circumstances. Remember, there are always risk factors to consider with surrogate agreements.
To make the right choice for your family, consult with legal services for surrogate agreements in the best interest of your family. For more information on the surrogate agreement template, read this article.