Parenting Through
Surrogacy
We focus on the law.
You focus on your baby’s arrival.
Surrogacy is a complex and deeply personal journey. It is crucial to approach it with careful consideration, respect, and a strong support system, which includes professionals who specialize in surrogacy.
1.
1. Choosing the Right Surrogate
You can find a surrogate through various channels. Surrogacy Agencies specialize in matching intended parents with surrogates. They screen potential surrogates, facilitate matches, and provide support throughout the process. Sometimes, family members or close friends may offer to be a surrogate. There are also online forums and platforms where intended parents and potential surrogates can connect. Surrogates can be paid or uncompensated.
2.
2. Matching and Screening
Once you are matched with a surrogate, your surrogate should have medical and psychological evaluations to ensure she is physically and emotionally prepared for the journey. It is also important for the surrogate and intended parents to discuss their compatibility in terms of values and expectations, as communication is extremely important.
3.
3. Contract and Insurance
Once your surrogate is chosen and screening is complete, this is where our office comes in. We will work closely with you to draft and review your agreement, negotiate with the surrogate's attorney, and finalize the agreement.
The contract covers items such as parental rights, custody issues, location of delivery, insurance, medical decisions during the pregnancy, liability for complications and life insurance. The contract will also address financial considerations, such as the surrogate's compensation and expenses, including lost wages, legal fees, childcare and maternity clothes.
Once the contract is signed by all parties, we will prepare and send legal clearance to your fertility clinic. Once this is complete, your surrogate begins her medications in preparation for the embryo transfer.
If you are not working with an agency, it is important for us to review your surrogate's health insurance policy to make sure it covers her surrogate pregnancy.
4.
4. Getting Pregnant and Navigating the Pregnancy
Once the contract is signed, you are ready to start the medical process.
5.
5. Post-Birth Legal Process
When the surrogate is between 16 and 20 weeks pregnant, we will begin the parentage process. Parentage Orders declare the intended parents as the legal parents of the child and allow the intended parents' name to be put on the child's birth certificate. The process varies by state and/or county and may be completed as a Pre-Birth Order, Post-Birth Order, or Stepparent Adoption. For more information visit our Parentage Orders page.
6.
6. Delivery of your baby
Your contract will specify who is permitted in the delivery room with your surrogate. Your hospital will have already received birth order documents by the time she arrives for delivery. The only thing left to do is welcome your new baby into the world!
Read the University of Pennsylvania Gazette Article that describes the legal challenges that confronted Melissa on her journey to parenthood and how she shaped the law to ensure the parental rights of her three children. Learn how these groundbreaking efforts paved the way for others to realize their dreams.
Read MoreFrequently Asked Questions About Surrogacy
What is surrogacy?
Surrogacy is a reproductive arrangement where a woman (Gestational Surrogate or Traditional Surrogate) carries and gives birth to a child for another person or couple.
Traditional surrogacy involves a woman who donates her eggs and carries the child, making her biologically related to the child she is carrying. This method is rarely used in the United States due to legal and ethical complexities.
On the other hand, gestational surrogacy is a more common and widely accepted arrangement. In a gestational surrogacy arrangement, the surrogate carries and gives birth to a child to whom she is not biologically related. The embryo is created using the sperm and/or eggs of the intended parents or donor eggs and/or sperm and is then transferred into the surrogate's uterus. Intended parents may also choose to transfer donated embryos into the surrogate's uterus.
It is important for individuals or couples considering surrogacy to understand these distinctions. They should carefully consider the type of surrogacy that best suits their needs and circumstances, as well as the legal and ethical implications associated with each approach.
Who typically uses surrogacy?
Couples dealing with infertility challenges, medical conditions, same-sex couples, and single individuals often explore the option of surrogacy as a means to fulfill their dream of starting a family. Surrogacy can provide them with a viable and compassionate path towards parenthood, offering hope and opportunities for those who may face barriers to traditional conception and pregnancy.
Is surrogacy legal?
Surrogacy laws vary significantly from state to state. To gain a comprehensive understanding of the surrogacy laws in your specific state and how they may impact your surrogacy journey, please contact us. We can provide you with the most current and state-specific information, guiding you through the legal aspects of surrogacy and ensuring that you are well-informed and compliant with the regulations in your particular jurisdiction.
How do Intended Parents select their surrogate?
Intended parents frequently work with surrogacy agencies to identify compatible matches with potential surrogates. These agencies provide professional guidance and support throughout the surrogacy process, ensuring that both parties' needs are met.
Additionally, there are online forums and platforms that serve as spaces for intended parents and potential surrogates to connect directly. These platforms can be useful for those who prefer a more independent approach to surrogacy and want to be actively involved in the search for a surrogate.
In some unique situations, family members or close friends may offer to become surrogates, further strengthening the emotional bonds and support network throughout the surrogacy journey. Such cases often carry a deeply personal and familial dimension, and they can be a beautiful expression of love and altruism.
What are the medical requirements for surrogates?
Surrogates are required to meet certain eligibility criteria to ensure the best possible outcomes for both them and the intended parents. These criteria often include:
1. Excellent Physical and Mental Health: Surrogates typically undergo comprehensive medical and psychological evaluations. These assessments help identify any potential health risks and ensure that the surrogate is emotionally prepared for the surrogacy journey.
2. Prior Pregnancy and Live Birth: Surrogates should have had at least one successful pregnancy and childbirth. This demonstrates the ability to carry a pregnancy to term and deliver a healthy child.
3. Screening for Disease: It is important for the surrogate to be screened for infectious diseases, such as HIV, hepatitis, and other sexually transmitted infections for the safety and well-being of all parties involved in the surrogacy process.
Meeting these criteria is important for the safety and well-being of all parties involved in the surrogacy process, as it reduces the likelihood of complications and helps ensure a positive experience for everyone.
Do intended parents have to meet certain criteria, too?
Yes, intended parents are often subject to screening and may need to meet certain criteria as well. These requirements can vary depending on the surrogacy agency or program. Commonly, intended parents may undergo physical screening for infectious diseases, such as HIV, hepatitis, and other sexually transmitted infections and psychological assessments to ensure they are prepared for the surrogacy process.
Psychological evaluations for intended parents may assess their readiness for parenthood and their understanding of the emotional complexities of surrogacy. These evaluations help ensure that intended parents are mentally and emotionally prepared for the journey ahead.
How much does surrogacy cost?
The costs associated with surrogacy can vary significantly based on a range of factors, which include:
1. Location: The cost of surrogacy can differ from one area of the country to another. In some areas, the cost of living and medical services may be higher, which can impact the overall expenses.
2. Surrogate's Compensation: The compensation provided to the surrogate is a substantial part of the cost. This compensation typically covers the surrogate's time, effort, and the physical and emotional demands of pregnancy and childbirth.
3. Legal Fees: Legal services are utilized throughout the surrogacy process. Legal fees can vary based on the complexity of the arrangement and the location.
4. Medical and Other Expenses: Medical costs include prenatal care, delivery, and any medical procedures or treatments that may be required for the surrogate or the child. These expenses can vary based on insurance coverage. Intended Parents often cover additional expenses for their surrogate, including maternity clothes, childcare during appointments and recovery, and lost wages for time missed from work.
5. Agency Fees: If you work with a surrogacy agency, there are fees associated with the agency's services, including matching you with a surrogate, providing support, and coordinating the process.
Intended parents should carefully budget and plan for the financial aspects of the surrogacy journey. Working with experienced professionals and being transparent about costs is essential to avoid any unexpected financial burdens during the process.
Is surrogacy covered by insurance?
Insurance coverage for surrogacy can be quite complex and can vary widely. Some health insurance policies may provide partial coverage for certain medical aspects of surrogacy, while others may not cover surrogacy-related expenses at all.
We strongly recommend having your surrogate's health insurance policy reviewed to determine the extent of coverage and discover any limitations. It's important to understand the extent of coverage and any limitations. In cases where the surrogate's insurance does not adequately cover surrogacy-related expenses, intended parents will need to explore options for supplemental insurance or make financial arrangements to cover these costs.
Consulting with experienced professionals in the field, such as legal and insurance agents, can be invaluable for understanding the insurance implications and ensuring that all parties involved are adequately protected throughout the surrogacy journey.
How are parental rights established in a Gestational Surrogacy arrangement?
Establishing parental rights through the legal process is a crucial step in a surrogacy arrangement, and it's important to recognize that the specific procedures can differ from state to state. Typically, this process involves the creation of a comprehensive legal contract and obtaining a court-issued Parentage Order. This Parentage Order legally declares the intended parents as the child's legal parents and allows their names to be placed on the child's birth certificate.