Why You Need a Binding Contract in Surrogacy Matters

Australian Family and Fertility Law

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In this podcast, Award Winning Surrogacy Lawyer, Stephen Page discusses the importance of a binding contract in surrogacy matters.
Introduction
Surrogacy is a complex and evolving area of law that has garnered significant attention over the years. As the understanding and implementation of surrogacy agreements develop, it's crucial to consider the implications of the legal framework surrounding these arrangements, particularly in terms of human rights and contractual obligations.
The Need for Binding Contracts
One of the pivotal lessons learned is the importance of having binding contracts in place. Critics may argue that such contracts suggest a sale of the child; however, the legal certainty they provide is essential for all parties involved. A binding contract delineates the roles and responsibilities of the surrogate, the intended parents, and any donors, ensuring that everyone has clarity on their obligations.
Risks of Non-binding Agreements
Without a binding contract, the risks associated with surrogacy increase substantially. One notable case illustrates this peril: a traditional surrogate, who had an informal arrangement with intended parents, later attempted to extort them for a significant sum of money after the birth of the children. This situation could have been avoided with a clearly defined agreement that specified each party's rights and responsibilities.
Protection of Human Rights
The protection of human rights must be a fundamental component of surrogacy arrangements. It is vital that surrogates, intended parents, and any donors are safeguarded under the law, ensuring that ethical standards are maintained throughout the process. Having a binding contract offers legal protection and clarity on parentage, which is crucial for the child's best interests.
Conclusion
In summary, the law surrounding surrogacy must continue to evolve, with a focus on the human rights of all parties involved. Binding contracts serve as a foundational element that provides clarity, protection, and legal certainty. As surrogacy practices further develop, the importance of rigorous legal agreements cannot be overstated, ensuring the best outcomes for everyone involved, especially the child.
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