It’s important for individuals considering becoming a surrogate to understand the legal aspects involved in the process. Surrogacy laws can vary from country to country and even within different states or jurisdictions. Consulting with a reputable surrogacy agency or a specialized attorney is crucial to ensure compliance with local regulations.
Regarding the questions you mentioned:
- What if you get sick while you are pregnant and can’t work? The intended parents (IPs) typically have a responsibility to compensate the surrogate for lost wages if she becomes ill during pregnancy or if bed rest is ordered by a doctor. Additionally, the IPs should provide health and life insurance coverage for the surrogate.
- What if prenatal testing reveals fetal abnormalities? The contractual agreement between the surrogate and the intended parents should outline how medical decisions, including those related to fetal abnormalities and prenatal care, will be handled. It’s important to discuss and clarify these matters with the agency, attorney, and the IPs before entering into the surrogacy arrangement.
- What if the IPs don’t want to take custody of the baby? Custody issues and responsibilities should be clearly addressed in the contract between the surrogate and the intended parents. If there are any concerns or potential scenarios that worry the surrogate, it’s advisable to consult with an attorney or the agency to include appropriate provisions in the contract.
- Are you allowed to stay in touch with the IPs after the birth of the baby? The level of ongoing contact between the surrogate and the intended parents after the birth of the baby is typically determined by mutual agreement. It is essential to discuss and establish expectations regarding future contact during the surrogacy process and include relevant provisions in the contract.
- Are the IPs automatically considered to be the baby’s parents? The legal status of the intended parents varies depending on the jurisdiction. The specifics of parentage determination, including the issuance of a birth order and the listing of the intended parents’ names on the child’s birth certificate, are typically addressed in the contract and subject to state or county regulations. Consulting with an attorney experienced in surrogacy law is crucial to understand the legal process in your particular jurisdiction.
- What about my expenses? The details of expense coverage should be clearly outlined in the surrogacy contract. Apart from compensation for pain and suffering and medical care covered by insurance, additional expenses such as lost wages, legal fees, child care, and maternity clothes can be addressed in the contract. It’s important to have a comprehensive understanding of the financial aspects and to clarify any uncertainties with the agency and attorney involved.
Tune into our Podcast episode featuring ART law attorney Joni Franklin.
We help Intended Parents Create Happy Families via Egg Donation & Surrogacy with the help of caring Egg Donors & Surrogates.
Why use an agency, Surrogate Requirements, Can I be a Surrogate?, Facts about Surrogacy, Information on surrogacy, What our agency can offer you , Surrogacy FAQs, Families who need you, Learn more, Apply now. Tune in to our Podcast
