After many years of wondering if I would ever have a child,
my husband Daniel and I decided to embark upon a long journey.
We decided to pursue gestational surrogacy. Although I could
not carry a child myself, I produced healthy viable eggs
that could be fertilized with my husband’s sperm and
placed in a gestational carrier who would carry the baby
to term.
We began with a visit to the doctor’s office on
Christmas Eve. Dan and I listened as he explained the medical
procedure. The science, he told us, was the easy part. Our
chances were over 50 percent each cycle, however, we would
need to find a carrier who was both medically and psychologically
suitable. As we left the doctors office, my head was spinning.
There was so much to digest in one sitting. I began to do
research. As a lawyer, I knew there were serious considerations
when it came to selecting a carrier. The laws in each state
in which a carrier might be obtained had to be examined.
States have different laws with respect to the legality
of surrogacy and the legal rights of the intended parents.
The carrier we eventually found met our expectations.
She had a family of her own with three children and a loving
relationship with her husband who was supportive. She passed
the psychological and the medical screening that involved
extensive testing for sexually transmitted diseases.
Still I worried: would the carrier change her mind, who
had control over the medical decisions once the carrier
was pregnant, whose insurance policy would cover the pregnancy,
whose policy would cover the babies after they were born,
whose decision would it be to reduce the number of fetuses
if our carrier became pregnant with more than two fetuses
or if one was malformed, would the provisions in any contract
be enforceable, what if the carrier decided she wanted to
keep the babies, could we legally pay our carrier for carrying
the babies? All these questions needed to be answered before
our carrier became pregnant.
Finally, these issues were resolved and the paperwork
was done. We were ready to begin. I was able to produce
nine healthy embryos. They were fertilized in vitro and
three were implanted in our carrier’s uterus. By the
sixth week of pregnancy two remained—one had miscarried.
We prayed these fetuses would develop into healthy babies.
The ultrasound at the twentieth week was one of the highlights
of the pregnancy. We drove up to Maine to observe and there
they were on the ultrasound screen— two healthy boys
kicking away in our carrier’s uterus. I will never
forget the day. As the birth approached, I tried to get
what is called a parentage order from the local court. This
would allow my husband and myself, the biological parents,
to be placed on the birth certificate of the children, and
would not force us to adopt our own biological children.
I was told this had never been done in Maine and was not
possible. I decided to petition the court to see if the
court would entertain the possibility. I was successful.
There were many other small battles along the way. Our
carrier’s health insurance refused to cover her pregnancy
when they found out she was carrying the babies for another
couple, a legally impermissible tactic that took many painstaking
hours for me to resolve.
When our carrier was 37 weeks pregnant, the doctor told
us the babies were due. We packed our bags and drove to
Maine immediately. When we arrived, our carrier was induced—with
Dan, me, my carrier’s husband and two teams of doctors
in the room the place was a circus. The birth came before
we knew it, both little guys were 15 minutes apart. I cut
the cord of my first-born son. Andrew and Benjamin had finally
arrived.
Five years later, the boys welcomed their sister into
the family. We wish anyone embarking on this journey all
the success and happiness we have enjoyed and shared as
a family.