Legal Counseling for Surrogate Mother

     AIM OF THIS PROGRAM

    PROGRAM DESCRIPTION

    The surrogate mother is required to sign the surrogacy agreement between herself and the Intended Parents. This surrogacy Agreement brings in writing the terms and conditions which controls the conduct of the parties during the term of surrogacy. The most important issue surrounding the signing of the surrogacy agreement by the surrogate mother is that the surrogate mother and her husband (or partner) should sign this surrogacy agreement with full consent and complete volition, after understanding every part of the surrogacy agreement. Only after understanding the contents of the Surrogacy Agreement, the parties should sign this agreement.

    Most often, the surrogate mother fails to understand the agreement in totality. The surrogate mother signs a copy of this agreement without reading through the agreement, or not being aware of it'd contents. The husband of the surrogate too, without paying much importance to the agreement, signs it. Such a casual approach from the surrogate mother and her family is detrimental to the interest of the Intended Parents.

    The most important issue relating to consent of the surrogate mother in an agreement of this nature is that, the surrogate mother should understand every part of what she is agreeing in the Surrogacy Agreement. This is typical case where the surrogate mother is considered to be in a fiduciary relation with the Intended Parents, where always exists a possibility of the Surrogate Mother being exploited by the Intended Parents. The reason for this notion being that the Surrogate Mother is economically and socially placed weaker.

    Legal and medical counseling to the surrogate mother is very important as it makes the surrogate mother aware of what she would be going through during the process of surrogacy.  The most important contribution to the process of surrogacy is being made by the surrogate mother; she should understand and know every thing related to the process of surrogacy, various medications she will be going through, her rights and duties during that period and other issues surrounding it.  

    The foundation of a peaceful surrogacy process is based on the surrogate mother’s complete understanding of the Surrogacy Agreement.

    The hospitals or agencies have many a times failed to disclose certain important information to the surrogate mother and her family about the surrogacy process. These information may relate to compensation, medical procedures or In-Vitro Fertilization (IVF) cycles. Though these particulars would have been part of the agreement, it is not practically possible to implement these if the surrogate mother is not aware of these issues at the time of signing of this agreement. Therefore, it is most advised that an independent lawyer should make sure that the surrogate mother is aware of all these vital information.

    The surrogacy agreement entered between the surrogate mother and the intended parents is merely a document which brings down in writing the rights and liabilities of the parties who undergo the surrogacy process.  Though a properly drafted surrogacy agreement protects the rights of the parties, that alone does not in entirety protects you.  It is important that the surrogate mother, her husband and her family are counseled together about various issues surrounding the surrogacy process.

 HOW IS THE PROGRAM DONE?

    The program is done either conducted by a lawer enrolled with the Bar Council of India, through Video Conferencing or by personal interview. The surrogate is required to attend this with her family member.

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