During my time teaching children and working with their parents, I found that one of the most consistent hurdles to learning the very basics of a language was the over-usage of industry language. “Industry language” means using the preferred jargon and wording that is not part of general vernacular. Using phrases like “your move” when an individual doesn’t have a background in gaming or using the words “mouthing” or “pool” when describing certain medical procedures. This may seem like a silly example, but it is important to be aware of this kind of language when working on a comprehensive surrogacy agreement format. Oftentimes they are using terms that do not have a definition outside of the legal realm.
Simply put, just because you have an understanding of the language doesn’t mean that other individuals do. This could be confusing for a spouse or family member to read as they may get confused and irritated if they do not know the purpose of something. If a contract is so unclear that they cannot understand the purposes and implications, just like in education, the contract will be useless.
Consider the following questions when reviewing a surrogacy agreement format, or before drafting one:
- What kind of language is used in relationship building?
- How does the use of “you move” or “your turn” encompass taking turns in a conversation about medical procedures?
- Could a layperson understand what is being asked and why it is being asked?
- Are there any misconceptions that can be dispelled by changing the language (because it can happen on both sides of the table, such as the surrogate or intended parent)?
Ultimately, clarity is the key to a surrogacy agreement format and for writing one that can be utilized by multiple parties. The clearer the agreement, the easier it will be for them to understand the process as well as the implications of their decisions. Spelling out acronyms and other common terms is important in language education as it is in any contract.
Consider the following commonly used terms in a surrogacy agreement format as well as their definitions:
- Gestational versus traditional surrogacy
- Confidentiality
- Liability
- Disclosures
- Compensation (many intended parents know there is compensation, but not necessarily why there is compensation)
- Whistleblowing
- Gestational carrier versus a surrogate
All of these terms are so commonly used in a traditional surrogacy agreement that it is easy to forget that a surrogate or intended parent may not understand various terms. Be clear and concise about what each term means and how it affects to contract/relationship.
Many individuals in the surrogacy language realms continue to learn from younger educators in order to better process and communicate the complicated language that is often used in surrogacy agreements. Upon learning from children or from persons outside of their realm, solution-focused strategies are used to actively change the approaches that are used and make them more applicable to surrogacy agreements.
Your contract is there to communication and standardize the procedures and terms involved in the surrogacy arrangement. When aspects like confidentiality, liability and compensation are left open to interpretation, it opens the door for misunderstandings and contract violation.
Key considerations in an agreement are as follows:
- Does the intended parent/gestational carrier understand and accept the contract?
- Is the intended parent/gestational carrier able to move forward in good faith with understanding of the contract?
- Is the meant to aide or hinder the surrogate/intended parent relationship?
- Clarifying terms promotes bonding and understanding
- Teaches rules for managing her finances, providing she’s an adult.
In a recent experience working with one party to a contract, I observed how difficult it can be to manage expectations if the contract language is confusing and not updated. By agreeing on a specific path ahead of time and providing clear documentation for review, we were able to proceed to the next step of the process.
十分に読まれる場合でも、契約を理解し、上記のすべての領域の双方の側から問題を一つ選んだ場合でも、違和感はありません。それよりも、サロゲート代理契約の形式への新しいアプローチは、すでにサロゲート代理契約の形式を学ぶ必要がある成人に最もよく機能します。どちらの側が契約を促進するために積極的に進めているのか、または法的契約として契約を強制しているかは問題ではありません。教育のためにサロゲート代理契約を理解し使用する場合であっても、またサロゲート代理契約を使用すること無しに、多国籍のサロゲート代理契約であっても。
言語教育の原則を考慮して契約を作成または更新することで、自分自身を教育することができます。