Before Signing
The carrier and intended parents need separate independent licensed attorneys of their choosing. Review the full agreement, insurance information and payment arrangements before notarized or equivalently affirmed signatures. In California, full execution must precede transfer and injectable medication preparing for transfer.
Financial Terms
Make payment obligations and conditions explicit. These are topics to review, rather than a universal benefit schedule.
- Base compensation: amount, eligibility and payment milestones.
- Allowances and reimbursements: covered expenses, limits and supporting records.
- Lost wages: eligibility, calculation and documentation.
- Medical procedure fees: which events trigger additional payments and who is responsible.
Medical and Insurance Terms
Discuss clinical decisions with the treating team and legal rights with counsel. A contract does not remove the carrier’s bodily autonomy.
- Medical decision authority: consent, communication and decision-making responsibilities.
- Selective reduction: views, consultation and how disagreements are addressed within applicable law.
- Termination: expectations, applicable rights and available legal options.
- Health and life insurance: coverage, exclusions, premiums, gaps and responsibility for expenses.
Legal Terms
Confirm the appropriate parentage procedure and how obligations can be enforced.
- Parental rights and relinquishment: intended parentage and the carrier’s legal position.
- Parentage order cooperation: declarations, filings and participation required from each party.
- Dispute resolution: notice, available procedures and access to court.
- Governing law: applicable jurisdiction, venue and enforceability.
Relationship Terms
Set expectations that can be discussed openly and reviewed by counsel.
- Contact during pregnancy: updates, appointments and communication preferences.
- Travel restrictions: agreed planning, clinical advice and jurisdiction concerns.
- Confidentiality: personal information, publicity and permitted disclosures.
- Post-birth contact: preferences and any agreed arrangements.
Keep the Agreement and Funds Aligned
Check that the fund-management agreement uses the same payment milestones and authorized expenses. Ask how amendments, cancellation, unused funds and unexpected medical expenses are handled. Keep signed copies and give each professional the documents needed for their role.