One of the many things to take careful consideration when it comes to Surrogacy is knowing your financial obligations to your surrogate. May it be via Gestational or Traditional Surrogacy, you would have to fully understand what is financially due to the surrogate.
The main difference between Gestational and Traditional Surrogacy is the resulting genetic link or lack thereof between the surrogate and the child. Traditional Surrogacy involves artificial insemination wherein the surrogate’s eggs are combined with the semen of the donor, thus resulting to a genetic connection and can be a high risk.
Meanwhile, Gestational Surrogacy involves the surrogate being only a carrier for the intended parents’ fertilized egg, resulting to zero genetic relation. Even if you are equipped with the basics on surrogacy, the legality of Surrogacy in the United States is still somewhat complicated.
What adds to the complexity is the fact that the legality varies in some states. This alone, should not be a show stopper and If you are still very much decided to go through building a family via a surrogate, then you have to be committed and do your research. All of your efforts will not be in vain as this will benefit the interest of your future family as well as your surrogate.
The Basic Principles on Surrogacy Agreements
Whoever you hire as your legal representation must be fully informed of the circumstances surrounding this experience. Make sure to hire a legal expert who can help you cover the necessary aspects and anticipate for any challenges in the process. Take note to hire separate or independent attorneys for you and the surrogate.
The items below should get you started and will serve as the good to know basics that will definitely identify parameters and set boundaries.
1. Name of the husband and wife as well as the woman acting as the surrogate
2. Should be of legal age
3. Count of attempts or efforts
4. The method of reaching pregnancy, like “no sexual intercourse”
5. Agreement to not attempt to discontinue the pregnancy
6. A declaration that the mother is unable to conceive or keep a pregnancy
7. Statements of extensive clinical and mental state of the woman who carries the intended parents’ baby as agreed
8. Medical insurance for all parties, including the fertilized egg(s)
9. Modern technology methods, including the positioning of the fertilized egg(s)
10. Recognition and observation of the woman carrying the surrogacy‘s activities or vices and taken medication.
11. Agreement on regular prenatal health care and treatment.
12. Limitation on activities of the surrogate that might be regarded as hazardous to the pregnancy and delivery of the baby.
13. Parental rights of the surrogate mother.
14. The presence of the parents during the course of childbirth.
15. Agreement on custody after birth.
16. Financial conditions before, during and after pregnancy.
17. Confidentiality agreement.
This list covers considerably what you actually need to know at the very least. However, don’t neglect to add more work and research on the matter so that you will not end up with a lot of problems or questions in the future.
Surrogate’s Compensation
Knowing how much to pay your surrogate is one of the several concerns to take note of when choosing surrogacy. Whatever payment a gestational or even traditional surrogate receives, it is essential to learn that they are not an employee. Even when the woman acting as a surrogate does this free of charge, she is still not qualified due to the employee – employer relationship.
Traditional or Gestational Surrogacy
Traditional Surrogacy is the process wherein the woman carrying a surrogate pregnancy goes through artificial insemination or even IVF by merging the surrogate’s eggs along with the semen of the benefactor. In this instance, the surrogate possesses a hereditary link to the baby, which can be high-risk due to the genetic connection. Gestational Surrogacy is different from Traditional surrogacy because the surrogate carries the pregnancy and gives birth from an already fertilized egg. In this instance, there is actually no hereditary link in between the surrogate as well as the child.
Lawful Issues Post-Birth Adoption
Several states make it possible for the intended parents’ name to be on the baby’s childbirth certification. In other states, the surrogate’s name is the one put on the birth certification, 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. The bottom line is to understand and know the rules of each state with regards to surrogacy.
