Thinking of how much it costs to build a family via surrogate is not a bad start in your dream of becoming a parent. What is important to consider is your financial obligation to your surrogate and schedule of payment throughout the course of pregnancy and, at times, post pregnancy.
The legality of surrogacy in this country is still an on-going discussion. What adds spark in the debate is the fact that the laws vary per state. Given this complication, it is imperative for anyone interested in going through this process, may it be the intended parent or surrogate mother, to study the laws regulating surrogacy in all states.
The Key Factors of Surrogacy Agreements
You will need to employ the services of an experienced legal representative to protect your interests. They will need all the inputs coming from you and the surrogate to better understand the circumstances surrounding the process. Partner with this kind of expert to know the nitty gritty details of the contract or agreement that you will have with your surrogate. It is also important to hire independent lawyers for you and the surrogate.
The list seen below will be of great help to cover the basics of the said agreement.
1. Name of parties involved: husband, wife as well as the woman acting as the surrogate.
2. Should be of legal age.
3. Number of attempts or tries.
4. The process of getting pregnant, like “no sexual intercourse.
5. Agreement to never attempt to discontinue pregnancy.
6. A declaration that the mother is unable to conceive or sustain pregnancy.
7. Statements of extensive clinical and mental state of the surrogate as agreed.
8. Health plan for all concerned, including the embryo.
9. Procedures including the positioning of embryo.
10. Monitoring of surrogate’s activities as well as medication taken.
11. Discussion and agreement on regular prenatal health care.
12. Regulation on the surrogate’s activities that may be seen as dangerous to the pregnancy as well as the birth procedure.
13. Surrogate’s parental rights.
14. The presence of the couple throughout childbirth.
15. Legal or Physical custody of the couple and surrogate once the child is born.
16. Financial terms in the course of pregnancy and post pregnancy.
17. Confidentiality terms.
This checklist will ensure that you have the basics covered. It is, however, ideal to look out for other conditions that will better prepare you for potential issues in the future.
Surrogate’s Compensation
Understanding what your financial obligations are to your surrogate is essential in this whole process. This is actually the first of many to tackle when opting for the said service. Whatever compensation is due for a gestational or even traditional surrogate, it is important to establish the fact that they are not an employee. The employee- employer connection still stands even if the surrogate offers the service for free.
Traditional or Gestational Surrogacy
Gestational Surrogacy is different from Traditional surrogacy since the surrogate carries the pregnancy and gives birth from an already fertilized egg or embryo. In this scenario, there will be no hereditary link in between the surrogate as well as the child. Traditional Surrogacy entails artificial insemination or even IVF by merging the surrogate’s eggs with the semen of the benefactor. In this instance, the woman acting as the surrogate possesses a hereditary link to the child, which can be high-risk.
Lawful Issues Post-Birth Adoption
Several states make it possible for the name of the mother and father to appear on the child’s legal birthing documents. In other states, the surrogate’s name is the one put on the birth certificate, which may be changed later when the order for the intended parent comes and gets listed.
Some states permit pre-birth sequence under specific conditions. At the end of the day what is very important is to understand as well as know the rules of each state.
