Legal Question in Family Law in California

Re: Surrogate Contract

there is no such thing as a standard clause

Re: Surrogate Contract

There are no "standard clauses" that should be stated in any agreement/contract, although lawyers often use certain favorite language, called "boiler plate," in drafting similar agreements. Agreements to buy and sell real estate generally contain language which is used by the same lawyer in other similar agreements, and it is even possible to buy forms for such agreements which require little more than filling in the blanks. In a family law practice, a lawyer may re-use the same language in parts of a number of Separation and Property Settlement Agreements, where the same terms are appropriate, but the same terms will never be appropriate for all agreements. A well-done document should be tailored to the specific needs of the parties to the agreement, and no two divorce situations are ever exactly alike. A separation agreement does, however, need to properly identify the parties. It needs to identify the children, if there are any, by name and age, to state the date and place of the marriage, the date of separation, and the agreement of the parties regarding disposition of property, custody of the children, terms for visitation and child support. Although certain terms may be used regularly or frequently in a number of different documents, a well-done agreement or contract will always be unique and tailored to the specific needs of the parties.

Re: Surrogate Contract

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Surrogacy is legal very very complex and the law is continuing to evolve. Please do not try to do this without the advice and assistance of an experienced attorney. To do so is asking for problems and heartache.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Surrogate Contract

Are you referring to a surrogacy contract? If so there is absolutely no generic way of drafting the contract. You really, given the extreme importance of this contract, must sit down with an attorney so the contract will suit your particular case. I know that sounds like a terrible answer but really there is no "standard clause" to protect you.

Good luck to you.

Re: Surrogate Contract

The question begets more questions. The answer lies in hiring a comptent attorney to draft the agreement/contract. As for boiler plate language, I have quite a few. I include integration/merger, savings clause, choice of forum, recitals, abandonment clause, power of attorney, stipulations, and a host of other clauses some of which may or may not be permitted by amendment. Limiting language, conditional terms, payment errata, and other matters are also defined. No two agreements or contracts are ever the same and thus your need for an attorney. The matter is serious and you should seek counsel.

G. Joseph Holthaus III

(410) 799-9002

(410) 619-5918 (voice mail)