Steven H. Snyder & Associates due 1201 [3679798] Traditional Blog Post Writing 19

Why social media should be addressed in the surrogacy agreement

People differ significantly in how much, if any, of their lives they share on social media. Many people share at least the big, exciting events with their “friends” and followers. 

Certainly, a new child is a big event. When it’s happens through surrogacy, the way the impending event is shared on social media needs some consideration. The intended parents may want to share the journey, while the gestational surrogate may not – or vice versa. All parties have a right to protect their privacy – and that of the child.

That’s why it’s smart to include a provision in the surrogacy agreement on what information, if any, can be posted online. Even if both parents and surrogate generally agree that this is a private matter, it’s still critical to discuss boundaries as early as possible and then to codify them in a detailed agreement. 

What specifics should be addressed?

Among the things that the parties should discuss and determine are:

  • Can any information be shared about the impending birth — and if so, what?
  • Can any names or photos be posted?
  • Do the parties need to “tag” each other when posting?
  • What kind of privacy settings do the parties have? (Can only selected people see the posts or are they public?)
  • Will the surrogacy agency be given permission to share photos and/or names?
  • Will family and friends be told not to share information about the surrogacy arrangement online?
  • Will photos of the baby be posted?

If everyone agrees that major milestones can be shared (like an ultrasound, the final touches on the baby’s room, the baby shower and news of the birth), it’s crucial for whoever’s sharing it to take care that there’s nothing in photos that can give away private information (like a home address, hospital name and so forth).

The risks of not addressing this topic

While this is certainly not the most important matter to address in a surrogacy agreement, it’s still worthwhile to include. Not doing so (particularly if all parties’ expectations of privacy aren’t clear) can cause unnecessary complications.

By having their own individualized legal guidance in crafting the surrogacy agreement, both the intended parents and the surrogate can better protect their rights during the pregnancy and afterwards.