With recent advancements in medical technology, gestational surrogacy (a surrogacy where the surrogate is not biologically related to the child) has increased in popularity and become legally recognized. In order to be a surrogate, a woman must meet statutory qualifications. Legal representation is highly recommended for the surrogate and the intended parents.
How do I acquire a child through surrogacy?
Persons who wish to acquire a child through surrogacy are people who for one reason or another cannot have a child through adoption, or have their own child because of infertility. Relatively low age cut off by adoption agencies and problem of infertility on the side of the mother leads couples to select surrogacy as a way to have a family.
Surrogacy usually involves artificial insemination with the sperm of the intended father. There are other circumstances in which the services of a surrogate are used. Fertilized eggs are implanted in the surrogate, so that the surrogate’s eggs are not used.
If The Gitlin Law Firm determines that there is a couple who is interested in your services as a surrogate mother, arrangements will be made for you to meet the couple and discuss with them, in general terms, the terms of a surrogacy arrangement. It is of utmost importance that you are comfortable with the intended parents and they are comfortable with you.
Main Features of the Surrogacy Agreement
The intended parents and the surrogate mother will enter into a written surrogacy agreement.
- The surrogate will have full management of the pregnancy in terms of its termination.
- The surrogate will abide by reasonable health care standards during the pregnancy.
- The surrogate will be paid a fee for her services as a surrogate.
- The intended parents will pay all of the expenses incurred as a result of the pregnancy.
- The surrogate will turn over the child to the intended parents as soon as the child is ready to be discharged from the hospital.
- The surrogate will execute a consent for the adoption of the child by the intended parents.
The surrogate mother should understand the following in reference to the surrogacy agreement.
- The agreement is binding on both parties.
- The intended parents will have to take the child, even if the child is born handicapped.
- The surrogate will have to give up the child.
- There is no reneging on the contract by either party. If the surrogate reneges, the fee will not be paid and there will be no reimbursement for any of the medical or hospital expenses.
- If there is a miscarriage the surrogate will be paid a fee in ratio to the time she was pregnant.
- The amount of the fee is negotiable between the surrogate and the intended parents.
- The surrogate will be required to have her own lawyer’s advice in regards to the agreement. The intended parents will pay the fees of that lawyer, up to a certain amount.
- The surrogate will be required to be interviewed by a psychologist. The purpose of the brief interview is so that the psychologist may advise the intended parents of the surrogate’s ability to separate from the child.