Ultimate Guide to Surrogate Pregnancy: Process, Costs, and More!
While controversial, surrogacy has increasingly become the way for single parents, same-sex couples, and couples who experience fertility or other health problems to have children. The specific legal process for contracting the services of a surrogate mother will vary from state to state. This article, from the office of a noted family law and child custody attorney, will help you understand about surrogate pregnancy.
What is Surrogate Pregnancy?
A surrogate mother is one who has a child on behalf of others. There are two types of surrogate mothers.
A traditional surrogate mother is the biological mother of the child. She is artificially inseminated with sperm from one of the couples or a sperm bank, becomes pregnant, and carries and gives birth to a child on behalf of the couple she contracts with.
A gestational surrogate mother is not the biological mother of the child. Rather, through the process of in vitro fertilization, embryos developed from the sperm and eggs of the couple and are placed in the uterus of the gestational surrogate mother. She is also known as the birth mother.
Who Uses Surrogates?
Anyone can choose to use a surrogate to have their child, but those who commonly turn to surrogacy include, among others:
- Women who cannot physically carry a child to term due to health risks;
- Women and men who are infertile;
- Women who have had a hysterectomy;
- Anyone who carries a serious genetic disease that can be passed to their child;
- Anyone in a same-sex relationship who wishes to have a child
- Single parents/same-sex couples
How Do I Find a Surrogate Mother?
How Do I Find a Surrogate Mother?Use a Surrogacy Agency
Surrogacy has become so widespread in recent years that surrogacy agencies matching intended parents with surrogates have sprung up across the nations. An agency will help you with the process of finding a surrogate mother, drafting the required legal documents, and guiding you through the process to the birth of your child.
An agency provides a professional buffer between the parents and the surrogate mother, often monitoring the progress of the pregnancy and passing news to the parents. The agency will also collect a fee from the parents and pass on reimbursement for medical expenses to the surrogate.
Agencies are most commonly used for gestational surrogacies and can be very helpful in guiding parents through the many steps in the process.
Ask a Close Friend or Relative
Some intended parents ask a friend or relative to be a surrogate. This is more common when using traditional surrogacy, where the surrogate mother is the biological mother of the child.
Asking someone you know to act as a surrogate mother opens Pandora’s box of legal issues regarding parentage, which will vary according to the state in which you and your surrogate live. If you live in two different states, that makes it all the more complicated. But if you can come to an agreement about parentage, and get it in writing, then you can use a surrogate you know or who shares some of your genes to have your child.
According to the American Society for Reproductive Medicine, certain family ties are acceptable for surrogacy.
More resources about Surrogate Pregnancy
Surrogacy vs. adoption: pros and cons
Surrogate pregnancy costs and expenses
Surrogate mother requirements and qualifications
Surrogate pregnancy agencies and their roles
Countries Where Surrogacy Is Legal (International Surrogacy 2023)
How Much Does Surrogacy Cost?
It will vary according to which type of surrogacy you choose. That being said, the cost of surrogacy typically ranges from $80,000 to $120,000.
Factors such as choosing IVF or having to purchase a surrogacy pregnancy policy for your surrogate will place the overall cost at the higher end of that range. If your surrogate has medical insurance, or you have chosen artificial insemination, that will place the overall cost at the lower end.
What are the Steps to Surrogacy?
What are the Steps to Surrogacy?First, Decide Which Type of Surrogacy You Want or Need
Whether you choose a traditional surrogacy or a gestational surrogacy will likely depend upon the reasons you are considering surrogacy in the first place. You must also decide whether you will ask a friend or family member to be a surrogate or use an agency.
#1. Choose a Surrogate Mother
At present, there are no federal regulations governing surrogacy, and in most states, surrogacy is governed under contract law.
You should choose a surrogate who:
- Is at least 18 or 21 years old, depending upon the legal age of majority in your state;
- Ideally, have already had one healthy child so that she understands what pregnancy entails, physically and emotionally;
- Agrees to undergo psychological counseling regarding possible emotional issues with giving up a baby;
- Agrees to have a medical exam to assess the likelihood she will have a healthy child and to be tested for infectious diseases such as syphilis, gonorrhea, chlamydia, HIV, cytomegalovirus, and hepatitis B and C, as well as immunity to measles, rubella (German measles), and chickenpox;
- Agrees to sign a contract delineating roles and responsibilities, such as the parent’s obligations to pay for medical expenses and the surrogate’s obligation to obtain prenatal care, give up the baby at birth, and surrender parental rights to the parents.
#2. Ensure You Will Be the Legal Parents of the Child
Surrogacy is a developing area of law as reproductive technology advances. Currently, there are no federal laws regulating surrogacy, and the states vary in their treatment of parental rights in surrogacy.
In some states, the intended parents must formally adopt a child born to a surrogate. In others, simply executing a “declaration of parentage” is enough.
It is crucial that you work with an agency and/or a family law attorney to establish your parental rights. Your surrogate may wish to have her own attorney to make sure her rights are protected as well. Your contract should not only include each party’s role and responsibilities but also provide for contingencies such as multiple births or birth complications.
#3. Begin the IVF or Artificial Insemination Process
Which you employ will depend upon the type of surrogacy you have chosen. The surrogate mother should be prepared for multiple attempts, and the intended parents must be ready and willing to pay for that.
#4. Act According to Your Surrogacy Contract During the Pregnancy
The surrogate will have all necessary prenatal care and keep the agency or the intended parents apprised of her health. The intended parents will pay medical and other expenses as they arise and prepare their home for the arrival of their baby.
#5. Welcome, Your New Baby!
The joyous day has come at last, and you are holding your baby in your arms thanks to your surrogate mother.
The last thing you want or need at this point is to be in a legal dispute with your surrogate over parental rights or any other aspect of the surrogacy. Luckily, surrogacy has become so widespread that there are agencies and lawyers in your jurisdiction who will help you make sure the process goes smoothly for everyone involved.
How Intended Parents Gain Custody of the Baby?
It is not unheard of for a surrogate mother to change her mind once the baby is born. While a well-written contract will usually bind the surrogate mother to give the baby to the intended parent or parents, there are circumstances under which a surrogate mother can keep the baby.
In gestational surrogacy, where the surrogate mother is not the biological mother of the child, the surrogate will be bound by the surrogacy contract. However, in a traditional surrogacy where the surrogate is the biological mother of the child, she can change her mind when the baby is born, and keep the baby. While the law differs state-to-state, in general, the surrogacy contract cannot be enforced against a biological parent. The intended parents will then have to go to family court to gain custody of the child, which will entail an analysis of the best interests of the child.
Some states allow intended parents to execute a pre-birth order to establish their parental rights as early as the fourth month of gestation. In other states, a post-birth order establishes parental rights. The intended parents and the surrogate appear in court, often merely as a formality, to confirm the child’s legal parentage.
FAQs for Surrogate Pregnancy:
FAQs for Surrogate Pregnancy:What is surrogate pregnancy?
A surrogate is a woman who carries and delivers a baby for an aspiring parent or couple. Surrogate pregnancy involves two types: traditional and gestational.
How does the surrogate pregnancy process work?
The process involves matching intended parents with a surrogate, medical evaluations, legal agreements, fertility treatments, embryo transfer, pregnancy, and childbirth. Careful coordination among parties is essential.
What are the different types of surrogate pregnancy?
Two types: gestational and traditional. In gestational, the baby isn’t biologically linked to the surrogate. In traditional, the surrogate’s egg is fertilized with the intended father’s sperm.
What legal aspects are involved in surrogate pregnancy?
Legal aspects include parental rights, surrogacy agreements, and addressing custody, compensation, and consent. Legal experts ensure the process follows relevant laws.
What are the emotional and psychological considerations for surrogate mothers?
Surrogate mothers may experience a range of emotions, from fulfillment to challenges in bonding. Support, counseling, and clear communication are vital.
How are surrogate mothers chosen and matched with intended parents?
Matching involves evaluating the surrogate’s medical history, lifestyle, and compatibility. Agencies and experts help ensure a harmonious partnership.
Can same-sex couples opt for surrogate pregnancy?
Yes, surrogacy offers LGBTQ+ couples the option to have a biological family of their own.
What medical screenings are conducted for surrogate mothers?
Screenings include physical exams, infectious disease tests, hormone level assessments, and uterine health checks.
What are the potential risks and complications of surrogate pregnancy?
Risks include medical complications and emotional challenges. Comprehensive care and support are essential.
How do post-birth parental rights work in surrogate pregnancies?
Post-birth parental rights are established through legal processes, ensuring that intended parents are recognized as legal parents.
