COTS Surrogacy Agreement: A Comprehensive Guide

Surrogacy is an arrangement where a woman carries a child on behalf of another couple or individual. It can be a complex and emotional process, but it is also a fulfilling experience for those who wish to have children but are unable to do so naturally. In the UK, surrogacy is governed by the Surrogacy Arrangements Act 1985, which makes it illegal to advertise for a surrogate or to pay for surrogacy services.

However, the Act allows for the reimbursement of reasonable expenses incurred by the surrogate mother during the pregnancy. This means that the intended parents can pay for the surrogate`s medical costs, legal fees, and other expenses related to the surrogacy process. To ensure that the surrogacy arrangement is legal and binding, a surrogacy agreement must be drafted and signed by all parties involved.

COTS (Childlessness Overcome Through Surrogacy) is a UK-based non-profit organization that provides support and guidance to intended parents, surrogates, and their families. COTS has developed a surrogacy agreement that is widely used in the UK and is considered to be one of the most comprehensive and legally sound agreements available.

The COTS surrogacy agreement covers all aspects of the surrogacy process, from the initial screening of the surrogate to the birth of the child and beyond. The agreement sets out the roles and responsibilities of each party, including the intended parents, the surrogate, and any other parties involved, such as fertility clinics or lawyers.

The agreement also covers financial arrangements, including the reimbursement of expenses and any compensation that may be paid to the surrogate. It is important to note that the compensation paid to the surrogate cannot be considered payment for the child, as this would make the surrogacy arrangement illegal under UK law.

The COTS surrogacy agreement also sets out the legal requirements for the surrogacy process, including the need for parental orders and the transfer of parental rights from the surrogate to the intended parents. The agreement also covers issues such as confidentiality, communication, and the level of involvement that the surrogate will have in the child`s life after the birth.

In addition, the COTS surrogacy agreement provides guidance on how to deal with any unexpected issues that may arise during the surrogacy process, such as medical complications or legal disputes. The agreement is designed to be flexible and can be tailored to the specific needs of each individual surrogacy arrangement.

In conclusion, the COTS surrogacy agreement is a comprehensive and legally sound document that provides clarity and protection for all parties involved in the surrogacy process. It is important for anyone considering surrogacy to seek guidance and support from an experienced surrogacy agency or organization, such as COTS, to ensure that the process is legal, safe, and fulfilling for all involved.