Addressing Medical Decision-Making in Surrogacy Agreements
Medical decision-making is an important part of a gestational surrogacy agreement. Whether you are an intended parent or a gestational carrier, the agreement can document expectations about prenatal care, medical testing, communication, pregnancy complications, delivery, and other health-related issues that may arise.
Discussing these matters before pregnancy can help you understand what to expect if medical questions arise. These conversations can be difficult.
You and the other parties involved may have different views about testing, treatment, or other pregnancy-related decisions. Discussing those differences early allows you to understand what you are agreeing to before you sign.
At Howell Law in Charlotte, North Carolina, we assist intended parents and gestational carriers with drafting, reviewing, and negotiating gestational surrogacy parenting agreements. We can help you identify medical issues to address and translate your expectations into clear contract language. Reach out now to schedule a consultation.
Why Address Medical Decision-Making Early?
Pregnancy can involve medical questions that you did not anticipate when you entered a surrogacy arrangement. Addressing these issues in your agreement creates a written record of the expectations and responsibilities you established before pregnancy.
Early discussions can also reveal disagreements about medical care before treatment begins. You can discuss prenatal care, testing, communication, delivery, and how you expect to respond if an unexpected medical issue arises.
What Medical Issues Can a Surrogacy Agreement Address?
The provisions in your agreement will depend on your role, the people involved, and the circumstances of the arrangement. Medical terms may address:
Prenatal care and appointments: Your agreement can address expectations for routine prenatal care, health care providers, and whether and how intended parents may participate in certain appointments.
Medical testing: You can address expectations concerning prenatal screening, diagnostic testing, and communication about test results.
Pregnancy complications: Your agreement can establish procedures for communicating if a complication or medical emergency occurs.
Delivery arrangements: You can address expectations concerning the hospital, communication when labor begins, and the intended parents' involvement around the time of delivery.
Medical circumstances can change during pregnancy. Your agreement can establish expectations for these issues and procedures for communicating when circumstances change.
Our lawyer is experienced in navigating gestational surrogacy parenting agreements and can help you identify which medical issues should be addressed based on your surrogacy arrangement and draft provisions that clearly state what you and the other parties have agreed to. We can also review proposed terms with you and discuss any provisions that may need clarification before you sign.
Respecting the Gestational Carrier's Medical Decisions
If you are entering a surrogacy arrangement, your agreement can document expectations about prenatal care, testing, and other pregnancy-related matters. However, the gestational carrier remains the patient receiving medical care during the pregnancy.
Your agreement should clearly distinguish between contractual expectations and medical decisions involving the carrier's care. Clear contract drafting and review can also help you identify provisions that could lead to different interpretations or disagreements.
We can review proposed medical provisions with you, explain their legal implications, and identify terms that may require further discussion before you sign.
Addressing Difficult Pregnancy Decisions
You may also need to discuss circumstances that everyone involved hopes will never occur. Prenatal testing may identify a serious condition, the pregnancy may pose an unexpected health risk, or a physician may recommend treatment that was not anticipated when the agreement was drafted.
Your agreement can address how you will communicate if a serious medical issue arises and what procedures you have agreed to follow in those circumstances. Treatment decisions may depend on the specific medical situation and advice from treating health care professionals, so you should not assume that an agreement can address every possible development in advance. We can help you identify these issues during the drafting or review process and put the agreed-upon expectations into clear language.
Planning for Communication and Medical Information
If you are an intended parent, you may want updates on appointments, test results, and pregnancy progress. If you are a gestational carrier, you may also want clear expectations about what medical information you will share and how you will communicate throughout the pregnancy.
Your agreement can address communication involving fertility clinics, physicians, hospitals, and other health care providers. Medical information is subject to privacy requirements, however, and a health care provider may need authorization before disclosing protected health information to intended parents. Addressing these issues in advance can help you understand what information will be shared, how you will communicate, and whether you will need additional documents.
Why Careful Drafting Matters in North Carolina
North Carolina does not currently have a comprehensive statute that specifically governs gestational surrogacy agreements. If you are considering a surrogacy arrangement in North Carolina, clear contract language is particularly important when establishing expectations before pregnancy.
Your agreement can address medical communication, prenatal care, testing, delivery, and procedures for unexpected circumstances. Because these provisions involve both contractual expectations and medical care, clear language can help you and the other parties understand what you agreed to.
We can discuss these issues with you, identify provisions that require careful attention, and draft or review the agreement based on the circumstances of your surrogacy arrangement.
Discuss Your Surrogacy Agreement With Our Lawyer at Howell Law
If you are entering a surrogacy arrangement, you may need to address prenatal care, testing, pregnancy complications, delivery, and unexpected health concerns. Discussing these subjects before pregnancy can help you establish expectations and decide how you will communicate if circumstances change.
At Howell Law in Charlotte, North Carolina, we draft, review, and negotiate gestational surrogacy parenting agreements for intended parents and gestational carriers. From our Charlotte office, we serve clients throughout Mecklenburg County, Catawba County, Union County, Cabarrus County, Gaston County, Lincoln County, Stanly County, Rowan County, Davidson County, as well as in Georgia. Contact us to schedule a consultation about your surrogacy agreement.
