Responsible Surrogacy

Information regarding the ethical aspects of the process

Some agencies do not allow the surrogate to keep a copy of the surrogacy contract after signing it. Sometimes, the contract explicitly states that the surrogate cannot keep a copy of the agreement. We assume that the reason that agencies request this is to ensure parents that there will remain no papers documenting the process, so that the process will remain anonymous. However, depriving the surrogate of the contract makes it difficult for her to act in case there is a violation of the terms of the agreement or if she needs to obtain relevant information. Some agreements even go so far as to restrict the right of the surrogate to retain medical records associated with the process, even after it is complete. This means that the surrogate will not be able to use the medical information related to the process, even when it might be relevant for the treatment or diagnosis of a future medical condition. This is especially troubling due to the fact that surrogacy is an arrangement that does involve various health risks.

We recommend allowing the surrogate to save copies of the contract and any other documents issued as part of the process, including medical records.

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