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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?


Whether you are an intended parent, a donor or a surrogate, at Great Expectations, we would be happy to meet with you to discuss your needs.  

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