Surrogacy 101: Legal process- Reviews and Negotiation
Once the Attorney receives the referral and Match sheet, they will contact the Intended Parents to have them sign their retainer. If the Intended Parents are in Texas, or have chosen a Texas Surrogate to take advantage of our Legal Included Surrogacy program, then they will have their drafting and review, as well as the Surrogate’s review already paid for under their retainer with us.
If the Intended Parents do not reside in TX or have not chosen a Texas Surrogate, then they would pay the attorney directly for their retainer fee and services for post-birth work if any. After the contract is drafted, the Intended Parents will review the contract with their attorney first to be sure they fully understand it. If they have changes, these will be requested to the Surrogate’s attorney, who is working independently for the Surrogate. In the case of using our Match sheet, it is our goal to have as few change requests as possible to speed the process and reduce attorney costs if they are charging hourly. After making any requested changes, the IP’s attorney will forward the contract to the Surrogate’s attorney for their review.
The Surrogate and her attorney will also review the contract and have the opportunity to make any change requests. Again, the use of the match sheet and general fee terms usually eliminates any major changes. While all parties are of course free to have changes, we have found the more the parties try to deviate from the match sheet or make last minute changes, the greater the chance of the other party not agreeing or backing down. Therefore, we try to make the process as smooth as possible to avoid any excessive back and forth or unusual change requests.
The Surrogate’s attorney fees are paid by the Intended Parents, even though the Surrogate’s attorney only works for her. Once all parties are satisfied with the contract, it will be signed by all parties, and notarized, and returned to the attorney to file as necessary with the courts, and for the Agency, Simple Surrogacy, to send to the clinic for legal clearance.