Responsible Surrogacy

Information regarding the ethical aspects of the process

The surrogacy agreement, which regulates the relationship between the surrogate and the intended parents, should be written in a language understandable to the surrogate. Constructing this site, we encountered several cases in which this condition was not met: either the agreement was written in a language that the surrogate does not speak, or in other cases, the surrogate was illiterate and the agreement was not read out to her. There is also evidence for cases in which surrogates used their thumbs to sign the contract, because they could not write their own names. Even if the agreement is written in the native language of the surrogate, the clauses and their implications are not always explained to her way in a clear manner.

In case the surrogate and the intended parents do not speak the same language but the surrogate is literate in another language, we suggest translating the contract (preferably a notarized translation) for the surrogate. If she cannot read or write, we recommend that the agreement be read to her (in a language she understands) and the different sections explained to her, preferably by an independent party (which is not related to the fertility clinic or surrogacy agency). Of course, it is also important for the intended parents to fully understand the agreement and its implications in depth.

Note: Besides the agreement between the intended parents and the surrogate, the surrogate may be obliged to sign a separate agreement with the surrogacy agency or the clinic. In these cases, we recommend that parents try and understand what this agreement entails and ensure that all aforementioned conditions applicable to the agreement between the intended parents are also applicable to this agreement.

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