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Intended parents, donors and surrogates should seriously consider obtaining legal advice in order to understand the importance of having a written agreement in place in order to record the intentions of the parties to the agreement.

The agreement needs to address many types of issues:

Who should be the parties to the agreement?
What relationship, if any, is planned between the parties?
Will the non-biological parent have parental rights?
Will the donor or surrogate have any parental rights?
What health information, if any, should be shared between the parties?
Will the parties obtain independent legal advice?
Are there any issues that need to be negotiated, such as health screening, or selective reduction of multiple pregnancies?
What would happen if the intended parents break up before the child is born?
What would happen if one of the intended parents passed away before the child is born?
What are the privacy rights of the parties and the children who result from the agreement?
Do the prospective children have any rights?