What happens if my surrogate is in breach of contract?
Learn the answer to this week's user-submitted question about surrogacy in this week's installment of Ask a Surrogacy Expert! Have a question about surrogacy that you'd like answered? Submit it at brightfuturesfamilies.com/ask
Hey everyone, it's Amanda Kinnard-Fuchsgruber, Director of Bright Futures Families, and this week's Ask Question. And today's question is: What happens if my surrogate is in breach of contract? Yikes. Honestly, that's a hard answer. First of all, I would say you need to consult your attorney. Second of all, it probably depends on what it is. It depends on when in the process it is. It depends on if she's pregnant or not. All those things are going to determine what would happen next. It also depends on what your specific contract says in general. So my best professional advice as a non attorney is to contact your attorney or the attorney you worked with for that contract. Obviously you can talk to your agency. They will help you work through this with the attorneys and do what they can.
But really in the end it depends on your contract and what the attorneys say about that contract and how it's interpreted. I hope that helps. Let us know if you have any other questions.