The above picture is a dramatic representation of our
gestational carrier contract. While it
felt like it was an entire ream of paper, it was really on 42 pages. 42 PAGES!
The past few weeks we have been working with our lawyer to
draw up GC contract. This has been an interesting
process for several reasons.
First, third party reproduction and surrogacy in particular
is a very specialized area of law. There
are not a lot of lawyers that practice in this area to begin with and less that
are really experts.
Second, third party reproduction laws vary not only by
country, but by state, county and sometimes by city. Not only do you need to find a lawyer who
actually knows something about this area of law, you also need to find someone
who knows the laws in your jurisdiction.
Third, we are under a bit of a time crunch. We are (finally) have an appointment with our
clinic for the consent signing (a legal document between you and the clinic
that discusses the risks of procedures, which procedures you do and do not
agree to do, embryo storage and disposal, etc. etc. that needs to be signed
before any procedures are performed) on March 18th . We need to have EVERYTHING complete before
the consent signing this includes all of our prior testing and screening and an
executed legal GC contract.
How do you go about finding your third party reproduction
lawyer? Good Question.
While billboards, whitepages ads, matchbooks and bingo games
seem to work well on TV (think “You Better Call Saul”) they may not be the best
referral source for you in real life. Do
you really want James McGill aka Saul Goodman on your case?
Luckily for us our psychologist was able to give us four
lawyers to choose from who she has worked with in the past. All four were good. In the end we picked the one who had the most
experience. He also called us back. Two never even called us back.
We had an initial call with one of the firm’s paralegals to
get our initial information and to set an appointment to speak with the
lawyer. We had an hour call with the
lawyer to talk about our particular circumstances, discuss his credentials and
past experience, and to talk about fees.
After that we filled out a very detailed questionnaire and had several
rounds of questions from the legal staff.
We also had to track down some specific information from our insurance
companies to make sure that the medical costs would be covered and by which
company.
After all of our back and forth, it has finally arrived……..THE
CONTRACT. The 42 page contract.
All four parties are currently reviewing to make sure that
everything is in line with what we talked about and agreed upon
previously. The sample contract that we
used was only 30 pages, so there are 12 pages of extra “stuff” that we all need
to look through.
Our lawyer works a lot with an agency that specializes in
third party reproduction and in particular commercial surrogacy (commercial
surrogacy basically means that the surrogate receives compensation for her
services) vs. altruistic surrogacy (which does not involve a financial
agreement) and commercial surrogacy between unrelated parties. The contract had a lot of extra language surrounding
payment for services and payments at points within the process that were not
applicable to us. Other than that the
contract was pretty much as expected.
We all put together a list of our edits to send back to our
lawyer. Once we receive a contract that
meets the approval of all parties we can finalize and sign.