Legal Review of Surrogacy Agreement

Every Surrogacy contract is required to have many essential ingredients which are to be agreed between the parties. Only agreeing to these ingredients makes that piece of paper you sign a surrogacy contract. The legal review of the surrogacy contract is done by a competent Indian Lawyer enrolled with the Bar Council of India, who possesses exemplary knowledge in the Indian Surrogacy law. Your contract is reviewed to make sure that the terms you have agreed upon between the parties constitute an understanding resulting in a surrogacy agreement as per the Indian Laws.

This service comes in handy for many couples who are provided with a standard surrogacy contract by the hospitals or the agencies. In many occasions, the agencies or the hospitals have a standard copy of surrogacy contract which is given to every Intended Parent who has signed up for their services. This surrogacy contract is required to be verified to make sure that it contains all the essentials of surrogacy contract. To understand the importance of this service, it is first required to know what a surrogacy arrangement is.

SURROGACY AGREEMENTS

Surrogacy arrangement is merely an agreement or an understanding arrived between the surrogate mother and the intended parents. This understanding is written down in the form of a contract. Therefore the rights and liabilities of the parties are determined by the contents of that surrogacy contract. The parties cannot on a later date, after signing the contract, claim that the intention of the parties was any different from what is mentioned in the surrogacy contract.

VETTING REPORT

On vetting of the surrogacy contract, a vetting report called “Review of the Surrogacy Contract” would be prepared. This report gives you a clear, comprehensive and frank opinion on whether the contract actually contains all the essentials of the surrogacy contract. The report shall further explain all the rights and liabilities of the parties. Recommendations shall also be made for the better enforceability of the contract in the international arena.

IMPORTANCE OF CONTRACT VETTING

It is to be understood that a surrogacy arrangement is merely a contract between the intended parents and the surrogate mother. The parties understand between themselves certain clauses which constitutes a surrogacy arrangement. Without the understanding between the parties of the essential ingredients, a surrogacy arrangement would not be made.

PREVENTING A MISTAKE

We have dealt with a number of cases where the intended parents wish to rectify the errors in the surrogacy agreement, after the birth of the child. Time is essential factor in the surrogacy contract. The errors that have crept into a surrogacy agreement at the time of signing of the agreement can never be rectified at a later point of time. The intention of the parties at the time of signing of the contract is of utmost importance. So, it is to be kept in mind that the Surrogacy Contract is required to have those essentials, failing which, you embassy might reject your surrogacy arrangement.

Unlike in many other countries, surrogacy agreements are enforceable in India. There is no law in India yet which actually restricts the legal enforceability of the surrogacy contract. Therefore, the contents of the contract actually determine the rights of the parties, and can also be enforced in a court of law.

Information in Brief

  • The review of the Surrogacy Agreement shall be done by a lawyer enrolled in the Bar Council of India with experience in the field of Indian Surrogacy Laws.
  • On reviewing of the surrogacy contract, a vetting report named “Review of the Surrogacy Contact” shall be submitted.
  • The report shall evaluate every aspect of the surrogacy contract, and shall also make recommendations for bettering the surrogacy contract for protecting the rights of the Intended Parents.
  • This review of the surrogacy contract gives the Intended Parents a panoramic view about the rights of the parties in the agreement
  • The “Review of the Surrogacy Contact” is the standard requirement of many embassies.
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