Traditional Surrogacy Contract

[KirstenT12]

What is the name of your state (only U.S. law)? Texas

I spoke to a lawyer back in September of 2011 (contract was signed in november 2011). It was a "Traditional Surrogacy Contract" which the attorney I spoke with said was Illegal in the state of Texas. She also made me copies that said If a surrogacy contract was to be signed, then the Surrogate Mother CANNOT use her own eggs (traditional surrogacy), but could use the intended father's sperm, and a donors egg (gestational surrogacy).

This contract is very contradicting, however, it is a traditional surrogacy contract. Which is illegal in TX! We have used my old OB/GYN to inseminate me 2 times since contract was signed in November. Though I have not conceived, I do want to get out of this contract which is good from 10 months from the signing of it (September 2012).

How do I go about this since it is an illegal contract in this state?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Texas

I spoke to a lawyer back in September of 2011 (contract was signed in november 2011). It was a "Traditional Surrogacy Contract" which the attorney I spoke with said was Illegal in the state of Texas. She also made me copies that said If a surrogacy contract was to be signed, then the Surrogate Mother CANNOT use her own eggs (traditional surrogacy), but could use the intended father's sperm, and a donors egg (gestational surrogacy).

This contract is very contradicting, however, it is a traditional surrogacy contract. Which is illegal in TX! We have used my old OB/GYN to inseminate me 2 times since contract was signed in November. Though I have not conceived, I do want to get out of this contract which is good from 10 months from the signing of it (September 2012).

How do I go about this since it is an illegal contract in this state?

If it is an illegal contract in your state and that is where it is taking place, it is unenforceable. How much money have you taken from the couple? You need to pay back those funds -- all of them. Especially since you were AWARE upon signing the contract that it was an illegal contract. Hence if you do not then you have engaged in fraud. This couple should NOT have had to pay a DIME towards medical treatment or anything else if you knowingly signed an illegal contract. You knew prior to signing that the contract was illegal and therefore anything you did and any money you received could be construed as you committing fraud -- a crime.