In this episode, Richard Westoby interviews Molly O'Brien, a legal expert in surrogacy. They discuss the legal aspects of surrogacy contracts, including the importance of having a contract to establish parental rights, the timing of obtaining a court order, and the potential challenges that may arise. They also touch on the importance of trust and communication between intended parents and surrogates, as well as the financial and emotional aspects of the contract. The conversation concludes with a discussion on termination of pregnancy and the role of compensation in surrogacy.

Keywords

surrogacy, legal aspects, surrogacy contract, parental rights, court order, trust, communication, termination of pregnancy, compensation

Takeaways

Surrogacy contracts are more complex than egg donation contracts because they involve parental rights.

A court order is necessary to establish the intended parents as legal parents and remove the surrogate's legal rights.

Trust and communication are crucial in the relationship between intended parents and surrogates.

Compensation in surrogacy should be fair and not coercive.

Termination of pregnancy should be discussed and agreed upon by both parties in the contract.

Sound Bites

"Surrogacy is a lot more complicated. The legal contract is much longer, more detailed, because we are dealing with parental rights when it comes to surrogacy."

"Everything isn't really completed and secured until after the birth. So in some states there is a little bit of a timeline where the surrogate is technically the legal parent until that paperwork is completed."

"Communication is key. As with everything in life, communication is key."

Chapters

00:00 Introduction and Background

04:17 Financial Aspects of Surrogacy Contracts

09:55 Addressing the Sensitive Topic of Termination

16:22 Psychological Assessment and Compensation