Professional translation services, which embrace legal document translation and courtroom translation, come in handy when dealing with many potential points of litigation. Take, for instance, a gestational surrogacy agreement. Issues can arise in a surrogacy arrangement when the parties do not speak the same language.
Although the general state of laws pertaining to gestational surrogacy is chaotic, to say the least, many states and jurisdictions are codifying the process and procedures for creating a legal gestational surrogacy agreement. At the center of many of these laws is the law of contracts. Such codes as Illinois’ Gestational Surrogacy Act (750 ILCS 47) provide specific steps that must be satisfied when creating a binding gestational surrogacy agreement.
When issues arise due to the fact that the parties to a surrogacy agreement do not speak the same language, it helps to remember that the law of contracts is the guiding principle for a gestational surrogacy agreement. According to the general principle of contracts, in order for a contract to be valid both parties must agree to its terms. Of course, this is not possible when one party is unable to understand the agreement’s terms. Thus, such laws as the Illinois act, require both parties to be independently represented by counsel and, when needed, foreign language translations of all the contract terms be provided for in the languages of the parties to the agreement.