Surrogacy Contracts

Childbirth resulting from either egg donations or sperm donations are two scenarios where surrogacy agreements may help avoid a potentially difficult battle in court.

 

Egg Donation occurs when an intended parent or parents obtain a viable egg from a donor, for the purpose of having a child. Often a child born using this method is not genetically related to one of the intended parents. This can cause issues under Missouri law.

 

Sperm Donation occurs when the intended father is infertile or there is no intended father. This can occur through simple artificial insemination, or it can be part of an IVF process.

 

Surrogacy, or gestational carrier, agreements provide a framework for an intended parent or parents to contract with a surrogate, or gestational carrier, to carry and give birth to a child, with the express understanding that the carrier will have no parental rights to the child after its birth.

 

The big issue in Missouri, and in the majority of jurisdictions, is that there is no case law or any statutory framework for the approval or disapproval of such agreements. As a result, any person entering into such an arrangement, in Missouri, must do so with the understanding that any predictions on whether or not a court would enforce such an agreement is purely speculative.

 

To speak to Brian directly, email him directly at bmf@faucettlaw.com to schedule your initial consultation.

© 2021 by Brian M. Faucett