Surrogacy/ parent agreement

[Johanny7]

Hi,

I've been talking to a single male who's 40 yrs old. He's looking for a rather unconventional surrogate. He wants a traditional surrogate to nurse and care for the baby when it's born. Pretty much to be a mother to the child. He wants it to be like if we had been married had a child and then divorced. He says he'll pay me to be a surrogate and to take care of the baby.

I'm very skeptical and want some kind of legal contract. But I don't know what kind of contract it would be. Also I'd like a background check for him to provide me with proof that he is STD and HIV free as well as proof that he is financialy capable of compensation for those services. But I don't know how to talk to him about it with out coming across as dry and too businessy. He says he doesn't want it to be a simple business transaction but I need to verify that he will be compensating me.

Any advice?

Thanks!

[Diane Hinson]

Hi, Johanny. Yes, I do have advice: Tell him NO. Listen to your gut. Everyone who reads this forum knows what I normally tell surrogates: I say, Get an attorney and get a written contract. (Just the fact that an IP does not want one is a HUGE red flag!) But here is the problem for you: You live in Arizona. And in Arizona, surrogacy contracts are VOID against public policy.

https://www.creativefamilyconnections.com/az.html

They are still written, but as one AZ attorney told me, if there is ever a dispute, they don't do you any good. All you can do with them is to wallpaper your bathroom. So you would have NO protection.

It grieves me to tell you this. You obviously have a big heart. But you need to protect yourself. So say no. Then, join an effort to change the law in AZ. Foster dogs or do something else with that wonderfully giving heart of yours in the interim.

I'm so sorry.

Diane


Diane S. Hinson, Esq.
Founder and Senior Partner
Creative Family Connections LLC
2 Wisconsin Circle
Suite 700
Chevy Chase, MD 20815
dhinson@creativefamilyconnections.com
www.creativefamilyconnections.com
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