Surrogacy agreements and donor conception agreements are different from other areas of family law in that the parties are not really adversaries. You are about to embark on an amazing, exciting, positive experience with each other.
Our job as lawyers is to support the parties to understand the legal framework for donor conception and surrogacy agreements, the consequences for entering the agreement/arrangement and the processes involved for entering the pre-conception and post-birth Parentage Orders. The appointments and conversations I have with my clients are uplifting and positive and enriching and I can really feel the anticipation and excitement as we discuss the legal agreements and court process. We are discussing the miracle of conception.
Agreements are documents in writing and evidence of what the parties’ intentions are as intended parents, surrogates or surrogate partners. The signed agreement can be used as evidence for the clinic say prior to doing an embryo transfer and possibly later on for the court when entering into Parenting Orders. It is not legally binding however other than as it outlines the intentions of the parties and is so far as surrogacy is concerned the surrogate’s expenses and the intended parent/s obligation to cover them.
It is so important to set the expectations between the parties’ from the start and focusing on building the relationship, accessing support through counselling and other networks. The lawyers job is not to divide the parties but to support them and build a strong foundation for a positive journey.
If you would like to discuss your circumstances, please book a free initial appointment by completing the form below.
