If the surrogacy contract is complete and properly executed, it can help to limit disputes and misunderstandings, while protecting all participants in the surrogacy process: the intended parents, the surrogate mother and especially the baby. Arizona prohibits all surrogacy contracts, whether paid or not, declares the surrogate mother as a legal mother and gives entitlement to custody and bases a rebuttable presumption that the surrogate mother`s husband, when she is married, is the father. Surrogacy agreements are by nature legal agreements, and that is why lawyers are inevitably involved. But in my experience, lawyers should have a positive influence on the process – help you understand the consequences of making the deal and your rights and obligations. However, the relationship will last all legal proceedings. You can adjust to a positive experience and a long-term relationship by setting expectations and making deals in advance. However, it should be noted that even in some countries where surrogacy is legal, surrogacy laws exist, and surrogacy contracts are applicable, the law still imposes restrictions on people who can legally participate in surrogacy (e.g. B the obligation for couples of intended parents to be married). An experienced fertility lawyer can help parents and surrogates navigate the different laws to make sure they are protected, as well as the new family. Arkansas protects unmarried couples and singles as well as married people who use artificial insemination or surrogacy. When a woman is a surrogate mother, the parents of the child 1) are the biological father and his wife if he is married, 2) the biological father alone if he is not married, or 3) the intended mother if the anonymous sperm has been used The surrogacy contract clearly states that the intended parents want to become the legal parents and undertake to: to assume full responsibility for the child or children resulting from the ART procedure. and that the surrogate mother does not want these parental rights.
The agreement should specify that the surrogate mother intends to give birth to a child or child for the IPS and that she has agreed, if necessary with her husband or a companion, to ensure the best possible care for a healthy pregnancy.. . . .