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Home > Assisted Reproduction (ART) > Financial Terms & Escrow Accounts

Financial Terms & Escrow Accounts

Every surrogacy arrangement should be formalized by a written agreement, also called a contract. Such a contract is essential in all cases. Your surrogacy agreement should contain the complete financial agreement between the intended parents and the surrogate. It should be very detailed and include specific amounts, triggering events, and due dates. Most surrogacy programs provide a compensation schedule, which is helpful for your attorney to have when preparing your agreement.

The use of a formal, independent escrow service is strongly recommended. Intended parents want to know that their money is safe and will be paid out only as directed by the written agreement. Surrogates want to know the money is safe and will be paid out in a timely manner as required by the written agreement. And in the event of a disagreement about payment, use of an independent escrow service may prevent more serious disagreements from arising. You do not want your escrow service to take sides.

On an emotional level, using an escrow service can be beneficial too.  It can be good for the relationship between the surrogate and the intended parents, removing uncomfortable issues of money between them, allowing them to focus on their common ground: the pregnancy and the child.

The escrow account is typically funded prior to the first embryo transfer. The written agreement will tell the parties how much money should be in escrow, whether or not a minimum balance is required, when and to whom payments will be made, and how long funds will be held in escrow.

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The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) is a credentialed organization dedicated to the competent and ethical practice of adoption and assisted reproduction law. It advocates for laws and policies to protect the best interests of children, the legal status of families formed through adoption and assisted reproduction, and the rights of all interested parties.

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Greenwood, IN 46142

T (317) 407-8422
Info@adoptionART.org

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DISCLAIMER: The Academy of Adoption and Assisted Reproduction Attorneys (AAAA) website is designed for general information only. Nothing on this website establishes an attorney-client relationship with AAAA or any of its member-attorneys.  AAAA website content does not constitute legal advice from AAAA or its member-attorneys to any reader or to the general public.  The law constantly changes and varies across state and international borders.  Consult qualified legal counsel in your jurisdiction regarding your particular situation. Click here for the AAAA Attorney Directory. The names and contact information included on this site are for the purpose of searching for an attorney for a particular legal case. The contact information may not be used for commercial, promotional, or advertising purposes.

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